Legal Opinion

Lufkin v. Cutting

Massachusetts Supreme Judicial Court

Decided January 12, 1917PublishedCited by 9 opinions

Bill in equity, begun as an action of tort for deceit by a writ dated July 12, 1913, and afterwards amended into a bill in equity in the Superior Court, against the executor of and a devisee under the will of one Charles C. Moulton, seeking a rescission, by reason of fraud, of a contract between the plaintiff and Moulton whereby the plaintiff conveyed to Moulton and one Edwin F. Day certain real estate in Winchester in return for a transfer by Moulton to the plaintiff of…

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Bill in equity, begun as an action of tort for deceit by a writ dated July 12, 1913, and afterwards amended into a bill in equity in the Superior Court, against the executor of and a devisee under the will of one Charles C. Moulton, seeking a rescission, by reason of fraud, of a contract between the plaintiff and Moulton whereby the plaintiff conveyed to Moulton and one Edwin F. Day certain real estate in Winchester in return for a transfer by Moulton to the plaintiff of twenty thousand shares, and to his wife of five thousand shares of the capital stock of the Sherbrooke Gas and Vitrified…

1Opinion of the CourtCrosby, J.

This is a bill in equity brought against the executor of the will of Charles C. Moulton and also against one Mary B. Gates to rescind a contract entered into between the plaintiff and Moulton and to recover back a certain parcel of real estate in Winchester in this Commonwealth which was conveyed by the plaintiff to Moulton and one Day in exchange for the transfer to the plaintiff of twenty thousand shares of stock in the Sherbrooke Gas and Vitrified Brick Company.

The bill alleges that in November, 1908, the plaintiff was induced to enter into the contract by reason of certain false…

2Cases cited15 opinions

  1. Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
  2. Parker v. SimpsonMassachusetts Supreme Judicial Court · 1902
  3. Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
  4. Gurney v. TenneyMassachusetts Supreme Judicial Court · 1908
  5. Leggate v. MoultonMassachusetts Supreme Judicial Court · 1874

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

3Cited by9 opinions

  1. Hunt v. AuthierCalifornia Supreme Court · 1946
  2. Shapiro v. McCarthyMassachusetts Supreme Judicial Court · 1932
  3. McGrath v. C. T. Sherer Co.Massachusetts Supreme Judicial Court · 1935
  4. Harvey v. CrookerMassachusetts Supreme Judicial Court · 1929
  5. Metropolitan Life Insurance v. DeNicolaMassachusetts Supreme Judicial Court · 1944

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

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