Badger v. McNamara
Massachusetts Supreme Judicial Court
Bull in equity, filed August 9, 1876, against James P. McNamara and M. J. Waldron, copartners, containing the following allegations: That on the day therein mentioned the plaintiff and the defendants made the following agreement: “ This agreement, made this first day of January, eighteen hundred and seventy-five, by Eliphalet N. Badger, of Chelsea, Mass., and James P. McNamara & Co., of Chicago, 111., witnesseth, that the said Badger agrees to act for said McNamara & Co., as…
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Bull in equity, filed August 9, 1876, against James P. McNamara and M. J. Waldron, copartners, containing the following allegations: That on the day therein mentioned the plaintiff and the defendants made the following agreement: “ This agreement, made this first day of January, eighteen hundred and seventy-five, by Eliphalet N. Badger, of Chelsea, Mass., and James P. McNamara & Co., of Chicago, 111., witnesseth, that the said Badger agrees to act for said McNamara & Co., as their eastern agent, to solicit consignments of merchandise, receive their money and make advances (at their risk) for…
1Opinion of the CourtGray, C. J.
In order to maintain a bill in equity for an ac count, it must appear from the specific allegations that there w»/ a fiduciary relation between the parties, (which is not here con tended,) or that the account is so complicated that it cannot btv conveniently taken in an action at law. The general allegation that the account is of such a character is not sufficient to sustain *120the jurisdiction in chancery. The object of the present bill is to recover a fixed commission upon merchandise consigned to the defendants, either by the plaintiff or by other persons. The plaintiff must know the amounts…
2Cases cited4 opinions
- Fowle v. Lawrason'sSupreme Court of the United States · 1831
- Hallett v. CumstonMassachusetts Supreme Judicial Court · 1872
- Frue v. LoringMassachusetts Supreme Judicial Court · 1876
- Blood v. BloodMassachusetts Supreme Judicial Court · 1872
3Cited by22 opinions
- City of Boston v. DolanMassachusetts Supreme Judicial Court · 1937
- Hutchins v. NickersonMassachusetts Supreme Judicial Court · 1912
- Kaufman v. BuckleyMassachusetts Supreme Judicial Court · 1933
- Brown v. CoreyMassachusetts Supreme Judicial Court · 1906
- Pratt v. TuttleMassachusetts Supreme Judicial Court · 1884
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