Legal Opinion

William H. Brine, Jr., Administrator Dbn of the Estate of Francis H. Swift v. Paine Webber, Jackson & Curtis, Incorporated

Court of Appeals for the First Circuit

Decided September 28, 1984No. 84-1114PublishedCited by 4 opinions

1Opinion of the Court

STEWART, Associate Justice (Retired).

Francis H. Swift (Swift) died in September, 1923. His estate is still being administered. In this case we are called upon to decide whether the estate’s claim for the recovery of certain dividends alleged to have been paid to the defendant, Paine, Webber, Jackson & Curtis, Inc. (Paine Webber), is barred by Massachusetts’ six-year statute of limitations for contract actions. Mass.Ann.Laws ch. 260, § 2 (Law. Co-op.1980). The district court held that the estate’s claim for dividends paid before October 3, 1973 is so barred, and the administrator, Brine,…

2Cases cited17 opinions

  1. Montana v. United StatesSupreme Court of the United States · 1979
  2. Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
  3. Leslie Emery v. Merrimack Valley Wood Products, Inc.Court of Appeals for the First Circuit · 1983
  4. Carpenter v. Suffolk Franklin Savings BankMassachusetts Supreme Judicial Court · 1973
  5. Stuart v. SargentMassachusetts Supreme Judicial Court · 1933

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3Cited by4 opinions

  1. Bertram LEFKOWITZ, Etc., Plaintiff, Appellant, v. SMITH BARNEY, HARRIS UPHAM & CO., INC., and Henry N. Fishburne, Defendants, AppelleesCourt of Appeals for the First Circuit · 1986
  2. McIntyre v. OkurowskiDistrict Court, D. Massachusetts · 1989
  3. Boston Safe Deposit & Trust Co. v. BooneMassachusetts Appeals Court · 1986
  4. Britton v. PHH Mortgage CorporationDistrict Court, D. Massachusetts · 2024

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