Hawes v. Anglo-Saxon Petroleum Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed February 2, 1867, to charge individual defendants as members or stockholders in a manufacturing corporation, under the St. of 1862, c. 218, which declares, in § 2, that “ the members or stockholders ” in such a corporation, shall be jointly and. severally liable for such of its debts as may be contracted before the capital is fully paid in and a certificate thereof duly recorded; and §§ 3-5 of which are printed in the margin.* The bill alleged that the…
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Bill in equity, filed February 2, 1867, to charge individual defendants as members or stockholders in a manufacturing corporation, under the St. of 1862, c. 218, which declares, in § 2, that “ the members or stockholders ” in such a corporation, shall be jointly and. severally liable for such of its debts as may be contracted before the capital is fully paid in and a certificate thereof duly recorded; and §§ 3-5 of which are printed in the margin.* The bill alleged that the individual defendants had organized themselves as a manufacturing corporation, and by virtue of such organization had…
1Opinion of the CourtGray, J.
This demurrer must be overruled. Among the allegations of the bill, which it admits, are that the corporation had been duly organized under the laws of the Commonwealth and that the individual defendants were stockholders in the corporation, holding the stock of the same undivided. If they were in fact joint owners of all the shares, it would support these allegations, and would make them liable under the St. of 1862, c. 218, as stockholders, upon proof of the other allegations in the bill. Whether they would be so liable, upon proof of a different state of facts, cannot be now decided. The…
2Cases cited9 opinions
- Folger v. Columbian InsuranceMassachusetts Supreme Judicial Court · 1868
- Chester Glass Co. v. DeweyMassachusetts Supreme Judicial Court · 1819
- Spear v. CrawfordNew York Supreme Court · 1835
- Bond v. MullinsCourt of Appeals of Kentucky · 1860
- Inman v. MeadMassachusetts Supreme Judicial Court · 1867
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- State v. American Sugar Refining Co.Supreme Court of Louisiana · 1902
- Samia v. Central Oil Co. of WorcesterMassachusetts Supreme Judicial Court · 1959
- McGinty v. Athol Reservoir Co.Massachusetts Supreme Judicial Court · 1892
- Braintree Water Supply Co. v. Inhabitants of BraintreeMassachusetts Supreme Judicial Court · 1888
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