Callahan v. Mercantile Trust Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed January 17, 1903, by Margaret T. Callaban against the Mercantile Trust Company and James J. Logan, and Simon Bilosky and Lewis P. Kaufman, the two last named defendants being added by an amendment allowed by the court on May 26,1903, and a CROSS bill, filed March 20, 1903, by the defendant Logan against the plaintiff in the first bill.
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Bill in equity, filed January 17, 1903, by Margaret T. Callaban against the Mercantile Trust Company and James J. Logan, and Simon Bilosky and Lewis P. Kaufman, the two last named defendants being added by an amendment allowed by the court on May 26,1903, and a CROSS bill, filed March 20, 1903, by the defendant Logan against the plaintiff in the first bill. By the first bill the plaintiff sought to establish her title to a $5,000 mortgage upon land of the defendant Logan, the plaintiff in the cross bill, of which the Mercantile Trust Company, another defendant, held the record title by an…
1Opinion of the CourtHammond, J.
Upon the facts found by the master this is a hard case for the plaintiff. She entrusted to her legal adviser the savings of a lifetime and he shamefully abused the trust. And yet we can see no principle of law upon which she can be relieved as against any of these defendants.
*397There is nothing to justify a suspicion that any of them acted except with entire honesty and in the exercise of absolute good faith. Moore, her attorney, was the only person guilty of fraud. She saw fit to trust him implicitly, and to execute and acknowledge such instruments as he asked for, and it was solely by reason…
2Cases cited3 opinions
- Holgate v. EatonSupreme Court of the United States · 1885
- Sigman v. LundyMississippi Supreme Court · 1889
- Worrell v. Wade's HeirsSupreme Court of Iowa · 1864
3Cited by12 opinions
- Gulesian v. Newton Trust Co.Massachusetts Supreme Judicial Court · 1939
- Davis v. Supreme Council of Royal ArcanumMassachusetts Supreme Judicial Court · 1907
- Geffen v. PaletzMassachusetts Supreme Judicial Court · 1942
- Thomas E. Hogan, Inc. v. BermanMassachusetts Supreme Judicial Court · 1941
- Cutrona v. Mayor of WilmingtonSupreme Court of Delaware · 1924
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