Lyons v. Coe
Massachusetts Supreme Judicial Court
Contract, to recover, under St. 1890, c. 437, § 2, money paid on a wagering contract. Writ dated January 14,1898. The case was heard in the Superior Court upon agreed facts by MiaJiardson, J., who ordered judgment for the defendants on their set-off, for $721.50 with interest from the date of the writ. The plaintiff appealed to this court. The agreed facts were as follows : “ Defendants were stockbrokers.
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Contract, to recover, under St. 1890, c. 437, § 2, money paid on a wagering contract. Writ dated January 14,1898. The case was heard in the Superior Court upon agreed facts by MiaJiardson, J., who ordered judgment for the defendants on their set-off, for $721.50 with interest from the date of the writ. The plaintiff appealed to this court. The agreed facts were as follows : “ Defendants were stockbrokers. Plaintiff paid to defendants the items of cash mentioned in 17th count, amounting to $1,950, as margins upon contracts for the purchase of stocks, neither party having any intention to…
1Opinion of the CourtKnowlton, J.
As we understand the agreed statement of facts, the defendants, as brokers, were employed by the plaintiff to make contracts for him from time to time to buy stocks, “ neither party having any intention to perform such contracts by the actual receipts or delivery of the shares and payment of the price, and each had reasonable cause to believe that the other had no intention to actually perform such contracts.” This we understand to be the meaning of the statements that the “ defendants were stockbrokers,” and that the plaintiff paid the “ defendants the items of cash mentioned in the 17th…
2Cases cited2 opinions
- Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889
- Northrup v. BuffingtonMassachusetts Supreme Judicial Court · 1898
3Cited by10 opinions
- Adams v. DickMassachusetts Supreme Judicial Court · 1917
- Watts v. MalatestaNew York Court of Appeals · 1933
- Anderson v. Metropolitan Stock ExchangeMassachusetts Supreme Judicial Court · 1906
- Rice v. WinslowMassachusetts Supreme Judicial Court · 1902
- Picard v. BeersMassachusetts Supreme Judicial Court · 1907
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