Legal Opinion
Dwight v. Dwight
Massachusetts Supreme Judicial Court
Decided December 7, 1976PublishedCited by 24 opinions
1Opinion of the CourtBraucher, J.
The plaintiffs allege that the defendant William Dwight fraudulently induced the sale of securities held in trust for them and seek rescission or damages. We hold that the claim was extinguished and merged in the final decree entered after the decision in O’Brien v. Dwight, 363 Mass. 256 (1973). See Restatement (Second) of Judgments §§45 (a), 47 (a) (Tent. Draft No. 1, 1973). That case, prosecuted by a guardian ad litem for other bene ficiaries of the same trust, resulted in a final decree ordering the defendant William Dwight and others to restore to the trust the property belonging to the…
2Cases cited11 opinions
- O'BRIEN v. DwightMassachusetts Supreme Judicial Court · 1973
- Sandler v. SilkMassachusetts Supreme Judicial Court · 1935
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Dearden v. HeyMassachusetts Supreme Judicial Court · 1939
- Willett v. WebsterMassachusetts Supreme Judicial Court · 1958
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Boyd v. Jamaica Plain Co-Operative BankMassachusetts Appeals Court · 1979
- General Foods Corporation and Rich-Seapak Corporation v. The Massachusetts Department of Public HealthCourt of Appeals for the First Circuit · 1981
- Donovan v. Philip Morris USA, Inc.Massachusetts Supreme Judicial Court · 2009
- DeLeon v. SlearCourt of Appeals of Maryland · 1992
- Rudow v. FogelMassachusetts Supreme Judicial Court · 1978
19 more not listed; retrieve them via the Exa API.