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New England Trust Co. v. Bright Et Al.

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eBook details

  • Title: New England Trust Co. v. Bright Et Al.
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 02, 1931
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 70 KB

Description

CARROLL, J. This suit in equity was heard by a Judge of the Superior Court on the original bill and cross bill. The parties agreed that the securities enumerated in the original bill to be delivered by the defendants had been delivered to the plaintiff, that the remaining securities mentioned in the cross bill had been sold, and if the defendants are entitled to recover on their cross bill, such recovery should be in the sum of $11,773.69, with interest. Both the original bill and cross bill were dismissed. The plaintiff and defendants appealed. The plaintiff is a trust company. The defendants are stockbrokers in Boston. The Judge found that on March 1, 1929, the firm of Clement, Parker and Company, stockbrokers, was dissolved. John F. Barry was a member of this firm and on its dissolution he became a member of the defendants' firm. A so called 'customer's man,' by the name of Palfrey, a bookkeeper, Poor, and other employees of Clement, Parker and Company entered the service of the defendants. For a time the Clement, Parker and Company office was continued as a branch of the defendants, but on or about June 14, 1929, it was given up and thereafter Barry, Palfrey and the other employees of Clement, Parker and Company were located at the defendants' offices. Palfrey continued with the defendants until August 1, 1929, when he became an employee of another brokerage concern. The plaintiff had in its employ since 1903 one Morrill; he became its assistant treasurer in 1920; in June, 1929, he was appointed assistant vice-president in charge of the credit department.


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