Smith v. Everett
Massachusetts Supreme Judicial Court
Bill in equity, filed June 14, 1877, alleging that, in response to an advertisement inserted by the defendant in a Boston newspaper, stating that a partner in business was wanted with a capital of $5000, the plaintiff, being then out of business, and desirous of some employment, called upon the defendant for the purpose of making inquiries as to the advertisement; that at that and subsequent interviews respecting the business, the defendant represented to the plaintiff, that…
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Bill in equity, filed June 14, 1877, alleging that, in response to an advertisement inserted by the defendant in a Boston newspaper, stating that a partner in business was wanted with a capital of $5000, the plaintiff, being then out of business, and desirous of some employment, called upon the defendant for the purpose of making inquiries as to the advertisement; that at that and subsequent interviews respecting the business, the defendant represented to the plaintiff, that the business in which he desired a partner was the manufacture and sale of an article called starchene, or perfumed…
1Opinion of the CourtGray, C. J.
Upon the allegations in the bill, which are admitted by the demurrer, the defendant, by false and fraudulent representations as to the extent of his business, induced the plaintiff to enter into a partnership with him for a definite period, which would make the plaintiff liable to creditors as a partner. Against such liability by reason of the defendant’s fraud, a court of law could afford the plaintiff no adequate remedy. Equity has therefore jurisdiction to order the partnership articles to be cancelled, and to restrain the defendant from using the plaintiff’s name as a partner; and, having…
2Cited by12 opinions
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Maruca v. PhillipsSupreme Court of Connecticut · 1952
- Boles v. MerrillMassachusetts Supreme Judicial Court · 1899
- Granlund v. SarafMassachusetts Supreme Judicial Court · 1928
- Knapp v. First Nat. Bank & Trust Co. of Oklahoma CityCourt of Appeals for the Tenth Circuit · 1946
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