Wilde v. Sawtelle
Massachusetts Supreme Judicial Court
Bill in equity, inserted in a common law writ dated December 27, 1916, against the members of a firm of stockbrokers, doing business in Boston, alleging that (2) “beginning in April, 1915, the plaintiff from time to time deposited bonds and stocks with the defendants, but deposited no other property of any description with them,” that (3) “the said bonds and stocks deposited by the plaintiff with the defendants were so deposited to secure the defendants against any liability…
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Bill in equity, inserted in a common law writ dated December 27, 1916, against the members of a firm of stockbrokers, doing business in Boston, alleging that (2) “beginning in April, 1915, the plaintiff from time to time deposited bonds and stocks with the defendants, but deposited no other property of any description with them,” that (3) “the said bonds and stocks deposited by the plaintiff with the defendants were so deposited to secure the defendants against any liability in carrying out purchases and sales of stocks which the plaintiff might from time to time direct the defendants to make…
1Opinion of the CourtBraley, J.
If the plaintiff sought relief on the ground that his commercial dealings with the defendants, for which he asks an accounting, came within the provisions of R. L. c. 99, § 4, concerning the purchase and sale of stock on margins, he should have so framed the bill as to raise this issue. Fishe v. Doucette, 206 Mass. 275. And as there are no allegations of any violation of the statute, the master erred in admitting' evidence in support of a cause of action which had not been pleaded.
But it is unnecessary to order an interlocutory decree sustaining the defendants’ exceptions, ■ for the master’s…
2Cases cited5 opinions
- Goldthwait v. DayMassachusetts Supreme Judicial Court · 1889
- McNeil v. Boston Chamber of CommerceMassachusetts Supreme Judicial Court · 1891
- Fiske v. DoucetteMassachusetts Supreme Judicial Court · 1910
- Braman v. FossMassachusetts Supreme Judicial Court · 1910
- Allen v. FullerMassachusetts Supreme Judicial Court · 1902
3Cited by8 opinions
- Davis & O'Connor Co. v. Shell Oil Co.Massachusetts Supreme Judicial Court · 1942
- Birch v. Arnold & Sears, Inc.Massachusetts Supreme Judicial Court · 1934
- Walker v. E. William & Merrill C. Nutting, Inc..Massachusetts Supreme Judicial Court · 1939
- Forino Co. v. KarnheimMassachusetts Supreme Judicial Court · 1922
- Lamb Knitting Machine Co. v. Chicopee Manufacturing Co.Massachusetts Supreme Judicial Court · 1930
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