Fottler v. Moseley
Massachusetts Supreme Judicial Court
Tort for deceit, alleging, that, relying upon the false and fraudulent representations of the defendant, a broker, that certain sales of the stock of the Franklin Park Land Improvement Company in the Boston- Stock Exchange from January 1 to March 27,1893, were genuine transactions, the plaintiff revoked an order for the sale of certain shares of that stock held for him by the defendant, whereby the plaintiff suffered loss.
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Tort for deceit, alleging, that, relying upon the false and fraudulent representations of the defendant, a broker, that certain sales of the stock of the Franklin Park Land Improvement Company in the Boston- Stock Exchange from January 1 to March 27,1893, were genuine transactions, the plaintiff revoked an order for the sale of certain shares of that stock held for him by the defendant, whereby the plaintiff suffered loss. Writ dated February 17, 1896. At the first trial of the ease in the Superior Court a verdict was ordered for the defendant, and the exceptions of the plaintiff were…
1Opinion of the Court
Kbowltob, O. J.
The parties and the court seem to have assumed that the evidence was such as to warrant a verdict for the plaintiff under the law stated at the previous decision in this case, reported in 179 Mass. 295, if the diminution in the selling price of the stock came from common causes. The defendant’s contention is that the embezzlement of an officer of a corporation, being an unlawful act of a third person, should be treated as a new and independent cause of the loss, not contemplated by the defendant, for which he is not liable.
To create a liability, it never is necessary that a…
2Cases cited1 opinion
- Fottler v. MoseleyMassachusetts Supreme Judicial Court · 1901
3Cited by14 opinions
- Freeman v. United Fruit Co.Massachusetts Supreme Judicial Court · 1916
- International Totalizing Systems, Inc. v. PepsiCo, Inc.Massachusetts Appeals Court · 1990
- Reisman v. KPMG Peat Marwick LLPMassachusetts Appeals Court · 2003
- Stewart v. JoyceMassachusetts Supreme Judicial Court · 1909
- David v. BelmontMassachusetts Supreme Judicial Court · 1935
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