Legal Opinion

Graves v. Hicks

Massachusetts Supreme Judicial Court

Decided March 5, 1906PublishedCited by 6 opinions

Bill in equity, filed November 30, 1903, to establish a debt alleged to be due from the defendant Hicks to the plaintiff, upon a promissory note for $903.80, with interest, and to reach and apply in payment of that debt certain shares of the capital stock of the other defendant, the Hotel Security Checking Company, a foreign corporation, alleged to belong to the defendant Hicks, and also such sum, if any, as was at the time of the filing of the bill due from the defendant…

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Bill in equity, filed November 30, 1903, to establish a debt alleged to be due from the defendant Hicks to the plaintiff, upon a promissory note for $903.80, with interest, and to reach and apply in payment of that debt certain shares of the capital stock of the other defendant, the Hotel Security Checking Company, a foreign corporation, alleged to belong to the defendant Hicks, and also such sum, if any, as was at the time of the filing of the bill due from the defendant corporation to the defendant Hicks, as salary or otherwise. In the Superior Court the case was heard by Hardy, J., who…

1Opinion of the CourtHammond, J.

This case was heard before a judge of the Superior Court. He made a memorandum, and a final decree was entered for the plaintiff. The case is before us upon an appeal by the defendant Hicks from that decree. The decree is certainly supported by the findings. It is objected that the findings were not warranted by the evidence.

The evidence was largely oral. In such a case the findings of the trial court are not to be set aside unless they are clearly wrong. The evidence has been carefully considered, and we are of opinion that it amply warrants the findings, and we cannot say that they are…

2Cited by6 opinions

  1. Elliott v. BakerMassachusetts Supreme Judicial Court · 1907
  2. Jennings v. DemmonMassachusetts Supreme Judicial Court · 1907
  3. Staples v. MullenMassachusetts Supreme Judicial Court · 1907
  4. Carchidi v. KalayjianMassachusetts Supreme Judicial Court · 1928
  5. Graves v. HicksMassachusetts Supreme Judicial Court · 1907

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