Noyes v. Marsh
Massachusetts Supreme Judicial Court
Bill in equity by William L. Noyes against John F. Marsh and William B. Smith, containing the following allegations: That on September 7, 1874, the plaintiff and the defendants made an agreement in writing as follows: “If the said Noyes shall purchase sixty-three shares of the capital stock of the Springfield Glazed Paper Company now held by George Fowler, the said Marsh and Smith agree to and with him that the said company shall give him employment at such service as the…
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Bill in equity by William L. Noyes against John F. Marsh and William B. Smith, containing the following allegations: That on September 7, 1874, the plaintiff and the defendants made an agreement in writing as follows: “If the said Noyes shall purchase sixty-three shares of the capital stock of the Springfield Glazed Paper Company now held by George Fowler, the said Marsh and Smith agree to and with him that the said company shall give him employment at such service as the officers of said company may reasonably require at an annual salary of $1350 per year. They also agree with said Noyes…
1Opinion of the CourtGray, C. J.
It would seem that the contract sought to be enforced was void as against public policy, and that the court should dismiss the bill upon that ground. Guernsey v. Cook, 120 Mass. 501. Dunham v. Presby, 120 Mass. 285. But if the con tract is valid, and can be sued on in any form, the bill cannot be maintained, because it does not show that the plaintiff has not an adequate remedy by action at law for the defendants’ refusal to purchase his shares. Thorndike v. Locke, 98 Mass. 340. Jones v. Newhall, 115 Mass. 244. Somerby v. Buntin, 118 Mass. 279, 287. 1 Story Eq. Jur. (12th ed.) §§ 724 <f- seq.…
2Cases cited7 opinions
- Guernsey v. CookMassachusetts Supreme Judicial Court · 1876
- Somerby v. BuntinMassachusetts Supreme Judicial Court · 1875
- Tobey v. County of BristolU.S. Circuit Court for the District of Massachusetts · 1845
- Jones v. NewhallMassachusetts Supreme Judicial Court · 1874
- Dunham v. PresbyMassachusetts Supreme Judicial Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Guaranty Trust and Safe Deposit Co. v. Green Cove Springs and Melrose RailroadSupreme Court of the United States · 1891
- Reed v. Washington Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1885
- Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
- Goerke Kirch Co. v. Goerke Kirch Holding Co.Supreme Court of New Jersey · 1935
- Wortman v. Montana Central Railway Co.Montana Supreme Court · 1899
11 more not listed; retrieve them via the Exa API.