CARDULLO v. LANDAU


329 Mass. 5 (1952)

105 N.E.2d 843

FRANK N. CARDULLO vs. SAMUEL LANDAU & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 1, 1952.


Attorney(s) appearing for the Case

Carlton W. Spencer, (Arthur Vitagliano with him,) for the defendant Landau.

Bernard Wall, for the plaintiff.

Present: QUA, C.J., WILKINS, SPALDING, WILLIAMS, & COUNIHAN, JJ.


SPALDING, J.

The plaintiff brings this suit to recover a secret profit alleged to have been made by the defendant Landau, hereinafter called the defendant, in violation of a duty of fidelity and good faith owed to the plaintiff, and to reach and apply Landau's shares in Landau, Inc. G.L. (Ter. Ed.) c. 214, § 3 (8). The plaintiff also seeks to recover on the basis of deceit.

The case comes here on the defendant's appeals from an interlocutory decree overruling...

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