Kirtley v. C. G. Galbo Co.
Massachusetts Supreme Judicial Court
Contract for $308.72, with a declaration in two counts, the first for money had and received by the defendant to the use of the plaintiff, and the second for a balance alleged to be due from stockbrokerage transactions.
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Contract for $308.72, with a declaration in two counts, the first for money had and received by the defendant to the use of the plaintiff, and the second for a balance alleged to be due from stockbrokerage transactions. Writ in the Municipal Court of the City of Boston dated May 16, 1921. At the trial in the Municipal Court, besides the evidence described in the opinion, it appeared that William R. Fitzgerald and Charles G. Galbo made an agreement in writing and under seal, dated March 31,1921, which, exclusive of the in testimonium clause, signature and seals, was as follows: “For and in…
1Opinion of the CourtDe Courcy, J.
The following material facts were expressly found by the trial judge or are necessarily implied in his general finding for the plaintiff. Prior to April 1, 1921, Kirtley bought and sold securities through the brokerage firm of William TL Fitzgerald and Company. On that date C. G. Galbo and Company (a partnership, but incorporated later in the month), purchased the office equipment and business of William R. Fitzgerald and Company, taking over the accounts of some of their customers, including that of Kirtley. Notice thereof was sent to the plaintiff; he called at the defendant’s office,…
2Cases cited3 opinions
- Griffin v. CunninghamMassachusetts Supreme Judicial Court · 1903
- New England Cabinet Works v. MorrisMassachusetts Supreme Judicial Court · 1917
- Stowell v. GramMassachusetts Supreme Judicial Court · 1904
3Cited by14 opinions
- Codman v. BeaneMassachusetts Supreme Judicial Court · 1942
- Larson v. Jeffrey-Nichols Motor Co.Massachusetts Supreme Judicial Court · 1932
- Mansfield v. LangMassachusetts Supreme Judicial Court · 1936
- City Nat. Bank of Huron, SD v. FullerCourt of Appeals for the Eighth Circuit · 1931
- Clark v. General Cleaning Co. Inc.Massachusetts Supreme Judicial Court · 1962
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