Corey v. Woodin
Massachusetts Supreme Judicial Court
Contract or tort, with a first count alleging false and fraudulent representations of the defendant on which the plaintiff relied to her loss, and a second' count for money had and received to the plaintiff’s use, stated in a bill of particulars to be $1,250, with interest from February 10, 1903, to the date of the writ, namely $156, making $1,406. Writ in the Municipal Court of the City of Boston dated March 3, 1905. On appeal to the Superior Court the case was tried before…
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Contract or tort, with a first count alleging false and fraudulent representations of the defendant on which the plaintiff relied to her loss, and a second' count for money had and received to the plaintiff’s use, stated in a bill of particulars to be $1,250, with interest from February 10, 1903, to the date of the writ, namely $156, making $1,406. Writ in the Municipal Court of the City of Boston dated March 3, 1905. On appeal to the Superior Court the case was tried before Stevens, J. The plaintiff testified that shortly before February 10, 1903, the defendant, at two or three interviews,…
1Opinion of the CourtSheldon, J.
The only question raised by these exceptions is whether a verdict should have been ordered for the defendant as matter of law. His contention is that, even if the jury found that the contract on which the plaintiff relied was proved, and that he had agreed to pay her, in the contingency which has occurred, $1,250 for the stock in question, yet she could not maintain her action upon his promise because, by signing the paper of June 1, she had elected to keep the stock as her own property. But, apart from the question whether she was induced to sign this new agreement by the fraud of the…
2Cases cited1 opinion
- Edgar v. Joseph Breck & Sons Corp.Massachusetts Supreme Judicial Court · 1899
3Cited by7 opinions
- United States Navigation Co. v. Black Diamond Lines, Inc.Court of Appeals for the Second Circuit · 1942
- Armstrong v. OrlerMassachusetts Supreme Judicial Court · 1915
- Murphy v. NelsonMassachusetts Supreme Judicial Court · 1940
- MacLaren v. Windram Manufacturing Co.Massachusetts Supreme Judicial Court · 1934
- Schaefer v. StriederMassachusetts Supreme Judicial Court · 1909
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