Fowle v. Ward
Massachusetts Supreme Judicial Court
Bill in equity, filed by Seth W. Fowle, the plaintiff’s intestate, to redeem twenty shares of Worcester & Nashua Railroad stock from a pledge to the defendant, on which the defendant had received several dividends. The bill prayed for an account and for an order for the transfer and surrender of the shares, on payment of what should be adjudged justly due thereon from the plaintiff, and for other relief.
Read the full summary
Bill in equity, filed by Seth W. Fowle, the plaintiff’s intestate, to redeem twenty shares of Worcester & Nashua Railroad stock from a pledge to the defendant, on which the defendant had received several dividends. The bill prayed for an account and for an order for the transfer and surrender of the shares, on payment of what should be adjudged justly due thereon from the plaintiff, and for other relief. At the hearing, before Gray, J., upon bill, answer, replication and evidence taken by a commissioner, it appeared that the twenty shares were part of a lot of eighty shares belonging to the…
1Opinion of the CourtAmes, J.
The only question raised upon this appeal is as to the propriety of adopting the time of the filing of the bill as the period for the valuation of the shares with which the defendant is to be charged.
If the defendant by his own wrongful act has incapacitated himself from returning the seventeen shares which he has undertaken to dispose of, he cannot complain if he is required to replace everything in statu quo, so far as it can be done. If the sale was unlawful and void as against the plaintiff, he is entitled to all the advantages that he could have had from the shares if they had not been…
2Cases cited1 opinion
- Emery v. ParrottMassachusetts Supreme Judicial Court · 1871
3Cited by15 opinions
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Hayward v. LessonMassachusetts Supreme Judicial Court · 1900
- Heflinger v. HeflingerSupreme Court of Virginia · 1923
- Turk v. GrossmanCourt of Appeals of Maryland · 1939
- Whitman v. Boston Terminal Refrigerating Co.Massachusetts Supreme Judicial Court · 1919
10 more not listed; retrieve them via the Exa API.