Legal Opinion

McCarthy v. Waltham Co-operative Bank

Massachusetts Supreme Judicial Court

Decided January 9, 1920PublishedCited by 3 opinions

Bill in equity, filed in the Supreme Judicial Court on October 1, 1917, and afterwards amended, against the Waltham Cooperative Bank, one George H. Strauch, and, as individuals, those who from October 1, 1897, to January 30, 1901, were members of the board of metropolitan park commissioners, for redemption from a mortgage foreclosed in 1898, and for damages alleged to have been caused by acts in furtherance of a conspiracy to deprive the plaintiff of the property foreclosed,…

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Bill in equity, filed in the Supreme Judicial Court on October 1, 1917, and afterwards amended, against the Waltham Cooperative Bank, one George H. Strauch, and, as individuals, those who from October 1, 1897, to January 30, 1901, were members of the board of metropolitan park commissioners, for redemption from a mortgage foreclosed in 1898, and for damages alleged to have been caused by acts in furtherance of a conspiracy to deprive the plaintiff of the property foreclosed, for an alleged unlawful taking and for mental suffering alleged to have been caused by such acts and leading to…

1Opinion of the CourtDe Courcy, J.

This bill in equity prays, among other things, for redemption from a mortgage that was foreclosed by the defendant bank in September, 1898; for an accounting; and for damages alleged to have been caused by a conspiracy between the defendants and by divers illegal acts done in- pursuance thereof. The case was heard by a master, who made a comprehensive report. Subsequently decrees were entered, overruling exceptions by the plaintiff to the master’s report, confirming the report, and dismissing the bill.

We shall not discuss in detail the plaintiff’s voluminous exceptions to the master’s report.…

2Cases cited2 opinions

  1. Brock v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1888
  2. Culbert v. HallMassachusetts Supreme Judicial Court · 1902

3Cited by3 opinions

  1. Hale v. McGinleyWest Virginia Supreme Court · 1938
  2. Bergeron v. Automobile Mutual InsuranceMassachusetts Supreme Judicial Court · 1927
  3. Grand Lodge of Massachusetts Loyal Orange Institution v. SnowMassachusetts Supreme Judicial Court · 1929

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