Stewart v. Joyce
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on January 18, 1906, and amended by the filing of a substituted bill on July 18, 1906, to rescind a sale of shares of the capital stock of the Gillette Safety Razor Company, a corporation organized under the laws of the State of Maine, made by the plaintiff to the defendant Heilborn, alleged to have been acting for himself and the other defendants, on July 11, 1904, at $1 a share, when the fair value was alleged to have…
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Bill in equity, filed in the Supreme Judicial Court on January 18, 1906, and amended by the filing of a substituted bill on July 18, 1906, to rescind a sale of shares of the capital stock of the Gillette Safety Razor Company, a corporation organized under the laws of the State of Maine, made by the plaintiff to the defendant Heilborn, alleged to have been acting for himself and the other defendants, on July 11, 1904, at $1 a share, when the fair value was alleged to have been $10 a share, such sale being alleged to have been induced by false and fraudulent representations made to the…
1Opinion of the CourtMorton, J.
The sole question in this case is whether the damages should have been assessed as of the date of the sale and transfer of the stock by the plaintiff to the defendant Heilborn, or, if as of some other date, whether that should be the date of the filing of the bill, or of the entry of the final decree. The single justice ruled that they should be assessed as of the date of the transfer to Heilborn, and a final decree was entered accordingly. The plaintiff appealed.
The plaintiff concedes that if the action were trover for conversion of the stock, or an action for breach of contract to buy or…
2Cases cited9 opinions
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
- Hayward v. LessonMassachusetts Supreme Judicial Court · 1900
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Washington Ice Co. v. WebsterSupreme Court of the United States · 1888
- Pratt v. Taunton Copper Manufacturing Co.Massachusetts Supreme Judicial Court · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Lowrie v. CastleMassachusetts Supreme Judicial Court · 1916
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- McCarthy v. Brockton National BankMassachusetts Supreme Judicial Court · 1943
- Osage Oil & Refining Co. v. ChandlerCourt of Appeals for the Second Circuit · 1923
2 more not listed; retrieve them via the Exa API.