Chandler v. Prince
Massachusetts Supreme Judicial Court
Contract under St. 1890, c. 437, §§ 1, 2, 4, (R. L. c. 99, §§ 4, 6, 7,) by the executor of the will of Mary F. Colburn, for the value of certain securities alleged to have been delivered by the plaintiff’s testatrix to the defendant as margins on wagering contracts in which the plaintiff’s testatrix intended that there should be no actual purchase or sale and the defendant had reasonable cause to believe that such intention existed.
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Contract under St. 1890, c. 437, §§ 1, 2, 4, (R. L. c. 99, §§ 4, 6, 7,) by the executor of the will of Mary F. Colburn, for the value of certain securities alleged to have been delivered by the plaintiff’s testatrix to the defendant as margins on wagering contracts in which the plaintiff’s testatrix intended that there should be no actual purchase or sale and the defendant had reasonable cause to believe that such intention existed. Writ dated May 7, 1900. In the Superior Court the case first was tried before Dubuque, J., the jury returned a verdict for the defendant, and exceptions alleged…
1Opinion of the CourtRugg, C. J.
This is an action to recover from the defendant, a stockbroker, the value of securities and money lost by the plaintiff’s testatrix through the kind of stock gambling prohibited by R. L. c. 99.
The defendant contends that a verdict should have been directed in his favor on the ground that the plaintiff’s case rested wholly upon the prima facie evidence that there was an intention on the part of the customer that there should be no actual sales and that there was reasonable cause on the part of the broker to believe that no such intention existed, established by R. L. c. 99, § 6, from the fact…
2Cases cited20 opinions
- Howe v. HoweMassachusetts Supreme Judicial Court · 1908
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Inhabitants of Wakefield v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1911
- Wiggin v. HeywoodMassachusetts Supreme Judicial Court · 1875
- Turner v. WilliamsMassachusetts Supreme Judicial Court · 1909
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3Cited by35 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
- Rioux v. CroninMassachusetts Supreme Judicial Court · 1915
- Commonwealth v. CapalboMassachusetts Supreme Judicial Court · 1941
- Bullard v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1917
30 more not listed; retrieve them via the Exa API.