Legal Opinion

Parker v. Nickerson

Massachusetts Supreme Judicial Court

Decided September 5, 1884PublishedCited by 56 opinions

Bill in equity, filed November 20, 1871, by Francis E. Parker, Edward D. Sohier, and Samuel C. Cobb, who had been appointed by a decree of this court receivers of the East Boston Ferry Company, against the former treasurer of the company, for an account.

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Bill in equity, filed November 20, 1871, by Francis E. Parker, Edward D. Sohier, and Samuel C. Cobb, who had been appointed by a decree of this court receivers of the East Boston Ferry Company, against the former treasurer of the company, for an account. The bill alleged that the defendant, while treasurer, had received large sums of money belonging to the company, in selling bonds issued by the company, for which he had neglected to account; that he neglected to deposit in a bank certain sums of money received by him as treasurer, and used the same for his personal advantage; that he charged…

1Opinion of the CourtField, J.

The defendant’s objection set up in the answer, that the plaintiffs’ remedy was at law, if there was ever anything in it, was waived by proceeding, without objection, to a hearing before the master. Jones v. Keen, 115 Mass. 170.

The defendant complains that, under the practice shown in this case, all the issues in a cause may be sent to a master, and *490may be determined by him, without any report of the evidence; and that, if his report is confirmed, the cause is in effect determined by a master, without any opportunity of trying before a single justice, or before the full court, the principal…

2Cases cited6 opinions

  1. Dean v. EmersonMassachusetts Supreme Judicial Court · 1869
  2. Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880
  3. Parker v. NickersonMassachusetts Supreme Judicial Court · 1873
  4. Jones v. KeenMassachusetts Supreme Judicial Court · 1874
  5. Atlanta Mills v. MasonMassachusetts Supreme Judicial Court · 1876

1 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
  2. Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
  3. Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
  4. Cook v. ScheffreenMassachusetts Supreme Judicial Court · 1913
  5. Moore v. DickMassachusetts Supreme Judicial Court · 1905

51 more not listed; retrieve them via the Exa API.

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