Durant v. Burt
Massachusetts Supreme Judicial Court
Contract for money paid and work done; with a count on an account stated. At the trial in the superior court, before Brigham, J., the facts appeared as follows : The defendant, who was a stock broker in Boston, but not a member of the Boston Stock Exchange Board, requested the plaintiffs, who also were stock brokers in Boston, to “ buy ” for him a hundred shares of stock of the Hancock Mining Company, a corporation, “ to be delivered at buyer’s option within ten days.”
Read the full summary
Contract for money paid and work done; with a count on an account stated. At the trial in the superior court, before Brigham, J., the facts appeared as follows : The defendant, who was a stock broker in Boston, but not a member of the Boston Stock Exchange Board, requested the plaintiffs, who also were stock brokers in Boston, to “ buy ” for him a hundred shares of stock of the Hancock Mining Company, a corporation, “ to be delivered at buyer’s option within ten days.” The plaintiff Durant, being a member of the Board, on August 29, 1866, acting in behalf of the plaintiffs, at a meeting of…
1Opinion of the CourtFostee, J.
The presiding judge submitted this ease to the jury upon one instruction which we regard as plainly correct, and which renders it unnecessary to consider any of the rulings asked for by the defendant. It was as follows:
“ That if the jury shall be satisfied that the plaintiffs purchased this stock as they allege, at the request, upon the terms requested, and for the account, of the defendant, notified him that they had so done and the terms, and the defendant assented thereto, afterwards carried the stock, at the defendant’s request, until the defendant had notice from the vendor that it must…
2Cited by19 opinions
- Whitney v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Uggla v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Sewall v. RobbinsMassachusetts Supreme Judicial Court · 1885
- Federal National Bank v. O'KeefeMassachusetts Supreme Judicial Court · 1929
- Harrington v. HarringtonMassachusetts Supreme Judicial Court · 1871
14 more not listed; retrieve them via the Exa API.