Kimball v. Hayes
Massachusetts Supreme Judicial Court
Bill in EQUITY, filed in the Supreme Judicial Court on September 29, 1903, under R. L. c. 159, § 3, cl. 7, to establish, and have paid from equitable assets, an alleged debt of the defendants to the plaintiff of 150,000 for services in procuring a loan of $500,000 under an agreement in writing, which is quoted in full in the opinion, or to recover the sum of $50,000 as damages for preventing the plaintiff from obtaining the loan by breaking the. contract in taking a loan…
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Bill in EQUITY, filed in the Supreme Judicial Court on September 29, 1903, under R. L. c. 159, § 3, cl. 7, to establish, and have paid from equitable assets, an alleged debt of the defendants to the plaintiff of 150,000 for services in procuring a loan of $500,000 under an agreement in writing, which is quoted in full in the opinion, or to recover the sum of $50,000 as damages for preventing the plaintiff from obtaining the loan by breaking the. contract in taking a loan from another source. On December 14,1903, the case was heard by Braley, J., who made certain findings of fact, some of…
1Opinion of the CourtLoring, J.
Before May 2,1903, the defendants Hayes, Gale, Daggett and Bye (who for convenience may be spoken of as the defendants) had joined together for the purpose of buying the stock of the Canada Atlantic and Plant Steamship Company, Limited, a foreign corporation owning a steamboat running apparently between Boston, Nova Scotia and Cape Breton.
*518To pay for the stock (if they were successful in their negotiations for its purchase) they had to borrow a large sum of money, and on May 2, 1903, they made a written contract with the plaintiff (which is the foundation of this suit) in the following words:
“…
2Cases cited3 opinions
- Cadigan v. CrabtreeMassachusetts Supreme Judicial Court · 1901
- Cadigan v. CrabtreeMassachusetts Supreme Judicial Court · 1904
- Miller v. HaskellMassachusetts Supreme Judicial Court · 1901
3Cited by13 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Des Rivieres v. SullivanMassachusetts Supreme Judicial Court · 1924
- Horowitz v. S. Slater & Sons, Inc.Massachusetts Supreme Judicial Court · 1928
- Dragone v. Dell'IsolaMassachusetts Supreme Judicial Court · 1954
- Roberts v. HarringtonWisconsin Supreme Court · 1918
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