Adams v. Hayden
Massachusetts Supreme Judicial Court
Contract for $60,426.06, upon an account annexed containing items of cash paid and of securities delivered to the defendants and of items called "equity on sale of” certain securities. Writ dated March 22, 1917. The action was referred to an auditor, and, after the filing of the auditor’s report, was heard by Hitchcock, J., without a jury, upon the auditor’s report and a stipulation as to certain evidence before the auditor.
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Contract for $60,426.06, upon an account annexed containing items of cash paid and of securities delivered to the defendants and of items called "equity on sale of” certain securities. Writ dated March 22, 1917. The action was referred to an auditor, and, after the filing of the auditor’s report, was heard by Hitchcock, J., without a jury, upon the auditor’s report and a stipulation as to certain evidence before the auditor. The material findings of the auditor and facts agreed upon are described in the opinion. The plaintiff moved that, upon all the evidence, a finding should be entered in…
1Opinion of the CourtDe Courcy, J.
The plaintiff dealt with the defendants as his bankers and brokers. In this action he seeks to recover under the provisions of R. L. c. 99, § 4, claiming that, when he ordered the defendants to buy and sell stocks on his account, he intended that there should be no actual purchases or sales, and that the defendants had reasonable cause to believe that such intention existed. The case was submitted to the Superior Court on an auditor’s report and a stipulation as to certain evidence before the auditor; and the judge found for the defendants.
The main contention of the plaintiff is that on the…
2Cases cited6 opinions
- Adams v. DickMassachusetts Supreme Judicial Court · 1917
- Chandler v. PrinceMassachusetts Supreme Judicial Court · 1914
- Cohen v. BerkowitzMassachusetts Supreme Judicial Court · 1913
- Zembler v. FitzgeraldMassachusetts Supreme Judicial Court · 1919
- Chandler v. PrinceMassachusetts Supreme Judicial Court · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Thompson v. Globe Newspaper Co.Massachusetts Supreme Judicial Court · 1932
- J. W. Grady Co. v. HerrickMassachusetts Supreme Judicial Court · 1934
- Childs, Jeffries & Co. v. BrightMassachusetts Supreme Judicial Court · 1933
- Town of Lexington v. RyderMassachusetts Supreme Judicial Court · 1937
- Marden v. HowardMassachusetts Supreme Judicial Court · 1922
7 more not listed; retrieve them via the Exa API.