Barrell v. Paine
Massachusetts Supreme Judicial Court
Contract upon an account annexed containing nineteen items, of sums of money and securities alleged to have been paid to and dividends alleged to have been received by the defendants, a firm of stockbrokers, upon transactions within the provisions of' R. L. c. 99, § 4. Writ dated April 23, 1917. The action was referred to an auditor and afterwards was heard by Raymond, J., upon the auditor’s report and other evidence.
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Contract upon an account annexed containing nineteen items, of sums of money and securities alleged to have been paid to and dividends alleged to have been received by the defendants, a firm of stockbrokers, upon transactions within the provisions of' R. L. c. 99, § 4. Writ dated April 23, 1917. The action was referred to an auditor and afterwards was heard by Raymond, J., upon the auditor’s report and other evidence. Material findings of the auditor and other evidence are described in the opinion. At the close of the evidence the plaintiffs asked, in requests numbered 1, 2 and 5, for rulings…
1Opinion of the CourtRugg, C. J.
The plaintiffs, who are husband and wife, seek in this action to recover amounts paid to and dividends received by the defendants, who are stockbrokers, upon certain transactions in stocks alleged to be within R. L. c. 99, § 4. That section is in these words: “Whoever upon credit or upon margin contracts to buy or sell, or employs another to buy or sell for his account, any securities or commodities, intending at the time that there shall be no actual purchase or sale, may sue for and recover in an action of contract from the other party to the contract, or from the person so employed, any…
2Cases cited8 opinions
- Adams v. DickMassachusetts Supreme Judicial Court · 1917
- Inhabitants of Wakefield v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1911
- Greene v. CoreyMassachusetts Supreme Judicial Court · 1912
- Fiske v. DoucetteMassachusetts Supreme Judicial Court · 1910
- Marks v. Metropolitan Stock ExchangeMassachusetts Supreme Judicial Court · 1902
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3Cited by14 opinions
- Ballou v. FitzpatrickMassachusetts Supreme Judicial Court · 1933
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- Lovell v. Commonwealth Thread Co.Massachusetts Supreme Judicial Court · 1932
- Wheeler v. TarulloMassachusetts Supreme Judicial Court · 1921
- Savin v. BlockMassachusetts Supreme Judicial Court · 1937
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