East Tennessee Land Co. v. Leeson
Massachusetts Supreme Judicial Court
Two bills in equity to recover alleged secret profits of the defendants as promoters and directors of the plaintiff, a corporation organized under the laws of Tennessee, filed May 31, 1895. The suit was originally brought by the receiver of the plaintiff and was before this court in Hayward v. Leeson, 176 Mass. 310, in which it was decided that the suit should have been brought by the corporation instead of by the receiver and the following decree was made, which appears in…
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Two bills in equity to recover alleged secret profits of the defendants as promoters and directors of the plaintiff, a corporation organized under the laws of Tennessee, filed May 31, 1895. The suit was originally brought by the receiver of the plaintiff and was before this court in Hayward v. Leeson, 176 Mass. 310, in which it was decided that the suit should have been brought by the corporation instead of by the receiver and the following decree was made, which appears in the last paragraph of the opinion in that case: “ Upon substituting the East Tennessee Land Company as plaintiff in…
1Opinion of the CourtLoring, J.
It is too plain for discussion that the allowance of the amendment did not entitle the defendants to treat the suit as begun at the time it was made.' Since the amendment the receiver is dominus litis, as he was before it was made, and the suit is being prosecuted for those who, by decree of the court appointing the receiver, are entitled to the proceeds, and for whose benefit it was originally brought. The substitution of the company for • the receiver as the party plaintiff was made to comply with the technicalities of our procedure. Such an amendment can be allowed to prevent the defence…
2Cases cited1 opinion
- Costelo v. CrowellMassachusetts Supreme Judicial Court · 1883
3Cited by6 opinions
- Underhill v. Rutland RailroadSupreme Court of Vermont · 1916
- American Surety Co. of New York v. Campbell & Zell Co.Court of Appeals for the First Circuit · 1905
- Gerding v. East Tennessee Land Co.Massachusetts Supreme Judicial Court · 1904
- McEwen v. Harriman Land Co.Court of Appeals for the Sixth Circuit · 1905
- Philadelphia & Reading Coal & Iron Co. v. ButlerMassachusetts Supreme Judicial Court · 1902
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