Benson v. Tucker
Massachusetts Supreme Judicial Court
Contract for money paid to the defendants, a firm of stockbrokers, by the plaintiff while under age, to be used in the purchase and sale of shares of stock designated by the plaintiff. Writ in the Municipal Court of the City of Boston dated October 22,1910. On appeal to the Superior Court the case was heard by Crosby, J., without a jury, upon an agreed statement of facts, from which the following facts appeared.
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Contract for money paid to the defendants, a firm of stockbrokers, by the plaintiff while under age, to be used in the purchase and sale of shares of stock designated by the plaintiff. Writ in the Municipal Court of the City of Boston dated October 22,1910. On appeal to the Superior Court the case was heard by Crosby, J., without a jury, upon an agreed statement of facts, from which the following facts appeared. The plaintiff was born on October 27, 1889. On August 16, 1909, he gave to the defendants an order to purchase for him ten shares of a certain corporate stock and paid to them for…
1Opinion of the CourtBraley, J.
The appointment of the defendants as his agent by the plaintiff, who is a minor, to buy and sell for him certain shares of copper stocks was under our decisions not void but voidable only at his option, and the notice of disaffirmance given in the plaintiff’s *62behalf by his guardian, even if delayed until all the transactions between the parties had been adjusted was a sufficient rescission. Whitney v. Dutch, 14 Mass. 457, 461. Simpson v. Prudential Ins. Co. 184 Mass. 348. The defense is, that the plaintiffs money which he advanced with the first order having been invested as he directed, and…
2Cases cited7 opinions
- Whitney v. DutchMassachusetts Supreme Judicial Court · 1817
- Gillis v. GoodwinMassachusetts Supreme Judicial Court · 1901
- White v. New Bedford Cotton Waste Corp.Massachusetts Supreme Judicial Court · 1901
- Simpson v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1903
- Todd v. ClappMassachusetts Supreme Judicial Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Chamberlain v. Employers' Liability Assurance Corp.Massachusetts Supreme Judicial Court · 1935
- Knudson v. General Motorcycle Sales Co.Massachusetts Supreme Judicial Court · 1918
- J. G. Pierce Co. v. WallaceMassachusetts Supreme Judicial Court · 1925
- Tracy v. BrownMassachusetts Supreme Judicial Court · 1928
- Carpenter v. GrowMassachusetts Supreme Judicial Court · 1923
6 more not listed; retrieve them via the Exa API.