Wilson v. Welch
Massachusetts Supreme Judicial Court
Bill in equity, filed on September 14, 1891. The bill alleged that certain parties were by a decree of this court, dated March 10, 1870, appointed receivers of the estate and property of the East Boston Ferry Company, and authorized to liquidate its affairs, and to pay the balance remaining thereafter to the stockholders of the corporation, and that they duly discharged their duties in the premises; that by an indenture, dated July 16, 1866, the company conveyed all its…
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Bill in equity, filed on September 14, 1891. The bill alleged that certain parties were by a decree of this court, dated March 10, 1870, appointed receivers of the estate and property of the East Boston Ferry Company, and authorized to liquidate its affairs, and to pay the balance remaining thereafter to the stockholders of the corporation, and that they duly discharged their duties in the premises; that by an indenture, dated July 16, 1866, the company conveyed all its assets to certain parties in trust, to permit the corporation to hold the same until default in the payment of the interest…
1Opinion of the CourtField, C. J.
Although the practice in this Commonwealth has not been uniform, (see Farmers & Mechanics' Bank v. Jenks, 7 Met. 592, Boot & Shoe Manuf. Ins. Co. v. Melrose Congregational Society, 117 Mass. 199, Sohier v. Lamb, 134 Mass. 275, and Parker v. Nickerson, 137 Mass. 487,) we consider the law to be that a receiver of a corporation appointed by a court of equity cannot bring suits in his own name to recover property of the corporation which has never been in his possession, unless he is authorized so to do by statute, or by the decree of a court competent to give him such authority, or unless the…
2Cases cited11 opinions
- Davis v. GraySupreme Court of the United States · 1873
- Parker v. NickersonMassachusetts Supreme Judicial Court · 1884
- Byers v. Franklin Coal Co.Massachusetts Supreme Judicial Court · 1870
- Wilson v. Martin-Wilson Automatic Fire Alarm Co.Massachusetts Supreme Judicial Court · 1890
- Costelo v. CrowellMassachusetts Supreme Judicial Court · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Howarth v. LombardMassachusetts Supreme Judicial Court · 1900
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- Hayward v. LessonMassachusetts Supreme Judicial Court · 1900
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
- Bliss v. ParksMassachusetts Supreme Judicial Court · 1900
12 more not listed; retrieve them via the Exa API.