Legal Opinion

Murphy v. Murphy

Massachusetts Supreme Judicial Court

Decided February 28, 1914PublishedCited by 23 opinions

Bill in equity, filed in the Superior Court on October 30,1912, to enforce the specific performance of an agreement in writing dated April 16, 1912, made by the plaintiff and his late brother Patrick P. Murphy, by compelling the defendant as the administratrix of the estate of said Patrick and as his widow to release to the plaintiff all her interest in the partnership assets of the firm of Murphy Brothers upon receiving from the plaintiff the sum of $3,000. The case was…

Read the full summary

Bill in equity, filed in the Superior Court on October 30,1912, to enforce the specific performance of an agreement in writing dated April 16, 1912, made by the plaintiff and his late brother Patrick P. Murphy, by compelling the defendant as the administratrix of the estate of said Patrick and as his widow to release to the plaintiff all her interest in the partnership assets of the firm of Murphy Brothers upon receiving from the plaintiff the sum of $3,000. The case was tried before Morton, J. The provision of the contract sought to be enforced was as follows: “And it is further agreed that…

1Opinion of the CourtRugg, C. J.

The plaintiff brings this suit in equity to compel the defendant as administratrix of the estate and widow of Patrick P. Murphy to perform specifically the provisions of a partnership agreement entered into between him and the defendant’s husband. The findings of fact made by the judge of the Superior Court, the evidence not having been reported, must be accepted as final. These are in substance that the plaintiff and his brother, the husband of the defendant, were conducting a liquor business as copartners under an oral agreement. In April, 1912, they entered into a written agreement whereby…

2Cases cited7 opinions

  1. Howe v. WatsonMassachusetts Supreme Judicial Court · 1901
  2. Krell v. CodmanMassachusetts Supreme Judicial Court · 1891
  3. Putnam v. BolsterMassachusetts Supreme Judicial Court · 1914
  4. Tracy v. GinzbergMassachusetts Supreme Judicial Court · 1905
  5. Williams v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1907

2 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Noyes v. NoyesMassachusetts Supreme Judicial Court · 1919
  2. United States v. StevensSupreme Court of the United States · 1938
  3. Coe v. WinchesterArizona Supreme Court · 1934
  4. Jubinville v. JubinvilleMassachusetts Supreme Judicial Court · 1943
  5. Kavanaugh v. JohnsonMassachusetts Supreme Judicial Court · 1935

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API