Bilafsky v. Conveyancers Title Insurance
Massachusetts Supreme Judicial Court
Tort or contract, the first count being in tort and the second in contract on an account annexed. Writ dated Novemher 18, 1898. At the trial' in the Superior Court before Ailcen, C. J. the plaintiff, having been required by the court, to elect, elected to go to the jury upon the first count, and a verdict was ordered for the defendants upon the second count.
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Tort or contract, the first count being in tort and the second in contract on an account annexed. Writ dated Novemher 18, 1898. At the trial' in the Superior Court before Ailcen, C. J. the plaintiff, having been required by the court, to elect, elected to go to the jury upon the first count, and a verdict was ordered for the defendants upon the second count. The first count contained allegations that the defendants Bowditch, Edes and the Conveyancers Title Insurance Company entered into a conspiracy and conspired to deceive and defraud the plaintiff in the matter of the accounts and…
1Opinion of the CourtLoring, J.
This is one of those cases where the allegations as to conspiracy are at most allegations that what is alleged to have been done was done jointly. In such a case the acts alleged to have been done by the conspirators are not actionable unless they would have been actionable had they been done by the defendants severally. Matthews v. Bliss, 22 Pick. 48. Parker v. Huntington, 2 Gray, 124. Hayward v. Draper, 3 Allen, 551. Randall v. Hazelton, 12 Allen, 412. Bowen v. Matheson, 14 Allen, 499. Rice v. Coolidge, 121 Mass. 393. Boston v. Simmons, 150 Mass. 461. May v. Wood, 172 Mass. 11. Converse v.…
2Cases cited5 opinions
- Rice v. CoolidgeMassachusetts Supreme Judicial Court · 1876
- City of Boston v. SimmonsMassachusetts Supreme Judicial Court · 1890
- May v. WoodMassachusetts Supreme Judicial Court · 1898
- Converse v. United Shoe Machinery Co.Massachusetts Supreme Judicial Court · 1904
- Light v. JacobsMassachusetts Supreme Judicial Court · 1903
3Cited by9 opinions
- Fleming v. DaneMassachusetts Supreme Judicial Court · 1939
- DesLauries v. SheaMassachusetts Supreme Judicial Court · 1938
- Willett v. HerrickMassachusetts Supreme Judicial Court · 1922
- Johnson v. East Boston Savings BankMassachusetts Supreme Judicial Court · 1935
- Ackerman v. Bramwell Inv. Co.Utah Supreme Court · 1932
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