Rolikatis v. Lovett
Massachusetts Supreme Judicial Court
■ Bill in equity, filed in the Superior Court on March 21,1910, alleging that in June, 1908, the husband of the plaintiff was the owner of a certain parcel of land with a dwelling house thereon on Elmwood Avenue in Lynn, then of the value of $2,000 and subject to a mortgage for $1,100; that, the plaintiff’s husband having deserted her, the assignee of the mortgage instituted foreclosure proceedings and the plaintiff retained the defendant, who was an attorney at law, to…
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■ Bill in equity, filed in the Superior Court on March 21,1910, alleging that in June, 1908, the husband of the plaintiff was the owner of a certain parcel of land with a dwelling house thereon on Elmwood Avenue in Lynn, then of the value of $2,000 and subject to a mortgage for $1,100; that, the plaintiff’s husband having deserted her, the assignee of the mortgage instituted foreclosure proceedings and the plaintiff retained the defendant, who was an attorney at law, to attend the foreclosure sale and to purchase the property in her name, which he agreed to do; that in June, 1908, the…
1Opinion of the CourtBbaley, J.
The evidence not having been reported, the master’s findings of fact are conclusive, and it follows that, when the *548defendant, an attorney at law, acquired the property which is the subject of this suit, the fiduciary relation of attorney and client existed between the parties. It further appears that his attendance at the sale was upon an understanding and arrangement that he should safeguard the plaintiff’s interests, and bid off the property for her, and the master unhesitatingly finds that instead he took advantage of the opportunity to obtain the title for himself. A clear breach of the…
2Cases cited9 opinions
- Hill v. HallMassachusetts Supreme Judicial Court · 1906
- Hawkes v. LackeyMassachusetts Supreme Judicial Court · 1911
- Railroad Company v. Soutter Et Al.Supreme Court of the United States · 1872
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Stewart v. JoyceMassachusetts Supreme Judicial Court · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- City of Boston v. SantosuossoMassachusetts Supreme Judicial Court · 1940
- Berman v. CoakleyMassachusetts Supreme Judicial Court · 1923
- Cosmopolitan Trust Co. v. MitchellMassachusetts Supreme Judicial Court · 1922
- Sampson v. SampsonMassachusetts Supreme Judicial Court · 1916
- Shulkin v. ShulkinMassachusetts Supreme Judicial Court · 1938
16 more not listed; retrieve them via the Exa API.