New England Foundation Co. v. Reed
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on April 26,1909, averring in substance that the defendants, William W. Reed, George H. Reed, and Harrison W. Conner, individually, and William W. Reed, George G. Stone, George L. Gilmore, as trustees of the Lexington Club, acted in concert in inducing the plaintiff by deceit and fraud to enter into a contract with the defendant Cornier to furnish certain materials and labor for the construction of apartment houses upon land…
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Bill in equity, filed in the Superior Court on April 26,1909, averring in substance that the defendants, William W. Reed, George H. Reed, and Harrison W. Conner, individually, and William W. Reed, George G. Stone, George L. Gilmore, as trustees of the Lexington Club, acted in concert in inducing the plaintiff by deceit and fraud to enter into a contract with the defendant Cornier to furnish certain materials and labor for the construction of apartment houses upon land abutting on Longwood Avenue in Brookline, the defendant trustees taking a construction mortgage upon the premises of such a…
1Opinion of the CourtRugg, J.
This is a suit in equity by which the plaintiff seeks to hold the several defendants on the ground of a conspiracy to defraud it, for work performed and materials furnished in the > construction of apartment houses. The gist of a civil action of this sort is not the conspiracy, but the deceit or fraud causing damage to the plaintiff, the combination being charged merely for the purpose of fixing joint liability on the defendants. May v. Wood, 172, Mass. 11, and cases cited at page 13. Gurney v. Tenney, 197 Mass. 457, 465.
The material facts are these: The defendant Conner conceived the idea of…
2Cases cited4 opinions
- Gurney v. TenneyMassachusetts Supreme Judicial Court · 1908
- Adams v. YoungMassachusetts Supreme Judicial Court · 1909
- Clark v. SeagravesMassachusetts Supreme Judicial Court · 1904
- Light v. JacobsMassachusetts Supreme Judicial Court · 1903
3Cited by28 opinions
- Commonwealth v. BealMassachusetts Supreme Judicial Court · 1943
- Brown v. Little, Brown & Co.Massachusetts Supreme Judicial Court · 1929
- Dittemore v. DickeyMassachusetts Supreme Judicial Court · 1924
- Cook v. ScheffreenMassachusetts Supreme Judicial Court · 1913
- Farquhar v. New England Trust Co.Massachusetts Supreme Judicial Court · 1927
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