Page:Nash v. Lathrop.pdf/1

Mass.] The purchase was at a rate of interest not shown to be excessive. The amount of the capital stock of the bank is not stated. It appears that it was a national bank, organized under the laws of the United States, and doing business in Boston. It was subject to the supervision of the government officers, and to the various regulations provided in the statutes for such institutions. Its stock then sold at par in the market; and occasionally, at about that time, at a small premium. It has always hitherto been considered in Massachusetts that investments of trust funds might properly be made in the shares of banks incorporated under the authority of this commonwealth or of the United States. Looking, as we must, simply at the circumstances of the case which are submitted to us, a majority of the court do not think the trustee ought to be held responsible for the loss on the purchase of the certificate.

4. The various matters of evidence which were objected to were competent. Decree accordingly.

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The facts appear in the opinion.

R. R. Bishop, Augustus Russ, A. M. Howe, and ''Geo. T. Lincoln'', for petitioner.

W. G. Russell and G. Putnam, for respondents.

This is a petition for a mandamus to compel the reporter of decisions to allow the petitioner, who is the publisher of the Daily Law Record, a daily paper devoted to legal intelligence, to examine and take copies of the opinions and decisions of the justices of this court, which are in the regular custody of the reporter. The answer sets up that, by virtue of St. 1879, c. 280, and of a contract made in pursuance thereof, Little, Brown & Co. have the exclusive right of