Houghton v. Butler
Massachusetts Supreme Judicial Court
Four BILLS in equity, praying that the defendants be compelled to make restitution in damages for alleged false and fraudulent representations made by an agent of their testate, whereby the plaintiffs or their assignors were induced to part with certain equitable interests in lands at less than their value. . The defendants demurred to the bills, assigning, among other things, as a ground therefor, that the cause of action set forth therein did not survive.
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Four BILLS in equity, praying that the defendants be compelled to make restitution in damages for alleged false and fraudulent representations made by an agent of their testate, whereby the plaintiffs or their assignors were induced to part with certain equitable interests in lands at less than their value. . The defendants demurred to the bills, assigning, among other things, as a ground therefor, that the cause of action set forth therein did not survive. The cases were reserved by Knowlton, J., upon the bills and demurrers, for the consideration of the full court.
1Opinion of the CourtLathrop, J.
These bills in equity ask for no relief peculiar to courts of equity, but merely seek for compensation in damages for alleged false and fraudulent representations made by an *548agent of the defendants’ testate about nine years before the filing of the bills, whereby the plaintiffs or their assignors were induced to part with certain equitable interests in lands at less than their value.
■ The first question in each case is whether the cause of action survived, the testate having died on- January 11, 1893, and these bills having been brought on February 4, 1895. Such a cause of action does not…
2Cases cited4 opinions
- Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
- Leggate v. MoultonMassachusetts Supreme Judicial Court · 1874
- Barnes v. BoardmanMassachusetts Supreme Judicial Court · 1890
- Underwood v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1886
3Cited by16 opinions
- Parker v. SimpsonMassachusetts Supreme Judicial Court · 1902
- United Zinc Companies v. HarwoodMassachusetts Supreme Judicial Court · 1914
- Piper v. ChildsMassachusetts Supreme Judicial Court · 1935
- Kraft Power Corp. v. MerrillMassachusetts Supreme Judicial Court · 2013
- Killen v. BarnesWisconsin Supreme Court · 1900
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