Gutlon v. Marcus
Massachusetts Supreme Judicial Court
Bill in equity, filed July 7, 1893, and amended May 24, 1894, against Alfred A. Marcus, Micah Dyer, Jr., Julia K. Dyer, William P. Fitzgerald, Lorin L. Fuller, Edward A. Upton, and others not material to be named, to obtain a reconveyance of certain premises in Boston, the cancellation and discharge of a mortgage thereon, and the surrender of certain notes and drafts held by several of the defendants.
1Opinion of the CourtHolmes, J.
This is a bill in equity for a reconveyance of land in Boston,, and for the cancellation of a mortgage upon the same, and also for the surrender of a number of notes and drafts held by different defendants. The ground of the bill is a fraudulent conspiracy. For proof it depends wholly upon oral testimony, and the judge who heard and saw the witnesses was not convinced by them. On the well known rule by which this court is governed in dealing with such evidence on appeal, we hardly need to go further to show that the plaintiff cannot prevail. Boston Music Hall Association v. Cory, 129 Mass.…
2Cases cited4 opinions
- Debinson v. EmmonsMassachusetts Supreme Judicial Court · 1893
- Boston Music Hall Ass'n v. CoryMassachusetts Supreme Judicial Court · 1880
- Chase v. HubbardMassachusetts Supreme Judicial Court · 1891
- Morrell v. KelleyMassachusetts Supreme Judicial Court · 1892
3Cited by9 opinions
- Independent Energy Corp. v. Trigen Energy Corp.District Court, S.D. New York · 1996
- Dickinson v. ToddMassachusetts Supreme Judicial Court · 1898
- Gechijian v. Richmond InsuranceMassachusetts Supreme Judicial Court · 1937
- Madison Square Garden Corporation, Ill. v. CarneraCourt of Appeals for the Second Circuit · 1931
- Jennings v. Dexter Horton & Co.Washington Supreme Court · 1906
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