Sampson v. Shaw
Massachusetts Supreme Judicial Court
Contract against the executor of the will of John Q,. Thaxter, for money had and received by the testator to the plaintiff’s use. The case was referred to an auditor. At the hearing before the auditor, the plaintiff offered in evidence several accounts current rendered to him by J. Q,. Thaxter & Company, a firm of stockbrokers, of which the defendant’s testator was a member, and which had been employed by the plaintiff to buy and sell stock for him.
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Contract against the executor of the will of John Q,. Thaxter, for money had and received by the testator to the plaintiff’s use. The case was referred to an auditor. At the hearing before the auditor, the plaintiff offered in evidence several accounts current rendered to him by J. Q,. Thaxter & Company, a firm of stockbrokers, of which the defendant’s testator was a member, and which had been employed by the plaintiff to buy and sell stock for him. These accounts showed a balance in favor of the plaintiff. The defendant objected to the admission of the accounts, on the ground of variance,…
1Opinion of the CourtAmes, J.
The agreement to operate in the stock of the Malden and Melrose Horse Railway Company was relevant and material to the defence, and the auditor ruled correctly in deciding that the evidence tending to prove it was admissible. It can hardly be denied that such a contract as that described in the auditor’s report would be illegal and fraudulent. No association to carry out such a purpose would be recognized, at law or in equity, as having any of the legal incidents of a copartnership. Neither party, as against the other, can enforce what remains to be done, or correct what has been done, under…
2Cases cited1 opinion
- Jourdain v. ShermanMassachusetts Supreme Judicial Court · 1850
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- Texas Standard Oil Co. v. AdoueTexas Supreme Court · 1892
- Samuels v. OliverIllinois Supreme Court · 1889
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