Coyle v. Taunton Safe Deposit & Trust Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on July 1, 1911, by Patrick Coyle, a judgment creditor of the Taunton Safe Deposit and Trust Company, an insolvent corporation, in behalf of himself and all other creditors of that corporation against certain stockholders of that corporation to enforce the alleged liability of the defendants under R. L. c. 116, § 30, as amended by St. 1905, c. 228. On suggestion of the death of Patrick Coyle, Mary T. Coyle, the executrix of…
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Bill in equity, filed in the Supreme Judicial Court on July 1, 1911, by Patrick Coyle, a judgment creditor of the Taunton Safe Deposit and Trust Company, an insolvent corporation, in behalf of himself and all other creditors of that corporation against certain stockholders of that corporation to enforce the alleged liability of the defendants under R. L. c. 116, § 30, as amended by St. 1905, c. 228. On suggestion of the death of Patrick Coyle, Mary T. Coyle, the executrix of his will, was permitted to prosecute the suit as plaintiff. Later, on motion of Frederick S. Hall, the receiver of the…
1Opinion of the CourtSheldon, J.
1. The single justice found that the final decree dismissing the bill of Nichols against these defendants, reported in 203 Mass. 551, was entered on the ground of a defect in the preliminary proceedings, and not upon the merits. But it is contended that the entry of the decree “Bill dismissed,” after a hearing upon the merits, is of itself an absolute bar to the maintenance of another bill between the same parties for the same cause of action, and that evidence to show that the decree was entered, not upon the merits, but for some other reason which did require a dismissal of the bill but did…
2Cases cited22 opinions
- Richmond v. IronsSupreme Court of the United States · 1887
- Atlantic Trust Co. v. ChapmanSupreme Court of the United States · 1908
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
- C. A. Briggs Co. v. National Wafer Co.Massachusetts Supreme Judicial Court · 1913
- Corbett v. CravenMassachusetts Supreme Judicial Court · 1906
17 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- York v. SullivanMassachusetts Supreme Judicial Court · 1975
- Boston Elevated Railway Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1942
- Commissioner of Banks v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1925
- Gallo v. FoleyMassachusetts Supreme Judicial Court · 1937
- Commissioner of Banks v. Prudential Trust Co.Massachusetts Supreme Judicial Court · 1922
18 more not listed; retrieve them via the Exa API.