Legal Opinion

Lindsay v. Swift

Massachusetts Supreme Judicial Court

Decided May 27, 1918PublishedCited by 27 opinions

Bill in equity, filed in the Supreme Judicial Court on October 3,1910,byEdwinP. Lindsay of Boston, a dealer in white and manila paper, who formerly carried on that business as a member of the firm of D. F. Munroe and Company, and, after the death of his partner D. F. Munroe, continued to carry on the business individually under the firm name, against Jesse G. Swift of Boston, William H. Claflin of Boston and William H. Claflin and Company, Incorporated, a corporation,…

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Bill in equity, filed in the Supreme Judicial Court on October 3,1910,byEdwinP. Lindsay of Boston, a dealer in white and manila paper, who formerly carried on that business as a member of the firm of D. F. Munroe and Company, and, after the death of his partner D. F. Munroe, continued to carry on the business individually under the firm name, against Jesse G. Swift of Boston, William H. Claflin of Boston and William H. Claflin and Company, Incorporated, a corporation, alleging that the defendant Swift was employed by the plaintiff as manager of the manila department of the plaintiff’s…

1Opinion of the CourtBraley, J.

The master states that the original order of reference directed him “to hear the parties and their evidence, to find the facts and report the same . . . with such portions of the evidence as either party may request.” But on the record, the interlocutory decrees appointing him and giving directions as to his duties not having so provided, he was without authority to transmit at the request of the defendants the portions of the evidence annexed to the report, and it cannot be considered. If either party desired the whole or any part reported, application therefor should have been made to the…

2Cases cited16 opinions

  1. Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
  2. Karrick v. HannamanSupreme Court of the United States · 1897
  3. Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
  4. McMurtrie v. GuilerMassachusetts Supreme Judicial Court · 1903
  5. Essex Trust Co. v. EnwrightMassachusetts Supreme Judicial Court · 1913

11 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Chelsea Industries, Inc. v. GaffneyMassachusetts Supreme Judicial Court · 1983
  2. Shulkin v. ShulkinMassachusetts Supreme Judicial Court · 1938
  3. Seemann v. EneixMassachusetts Supreme Judicial Court · 1930
  4. Warner v. FullerMassachusetts Supreme Judicial Court · 1923
  5. Keiser v. WalshCourt of Appeals for the D.C. Circuit · 1941

22 more not listed; retrieve them via the Exa API.

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