MICKELSON v. BARNET


390 Mass. 786 (1984)

460 N.E.2d 566

HENRY MICKELSON vs. DAVID S. BARNET & others, trustees.

Supreme Judicial Court of Massachusetts, Bristol.

January 19, 1984.


Attorney(s) appearing for the Case

J. Thomas Price & Daniel D. Levenson for the plaintiff.

Present: HENNESSEY, C.J., WILKINS, NOLAN, & O'CONNOR, JJ.


HENNESSEY, C.J.

During the 1960's, Nathaniel Lipton, a certified public accountant in New Bedford, obtained large sums of money from the plaintiff and about seventy-five other persons, under the pretense of investing the money for them. Lipton appropriated the funds to his own use, returning some newly acquired funds to the would-be investors as "interest."

On October 31, 1969, some of the victims discovered Lipton's scheme and, because they feared that he...

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