Heard v. Pictorial Press
Massachusetts Supreme Judicial Court
Bill in equity, filed October 29, 1900, by a creditor of a foreign corporation, for himself and other creditors, to enforce the liability of the defendants as officers and directors under Pub. Sts. c. 106, § 60, made applicable to foreign corporations by St. 1895, c. 311, and now embodied in R. L. c. 110, § 58. In the Superior Court the case was heard upon the pleadings and a master’s report by Hardy, J., who reported it for determination by this court.
1Opinion of the CourtKnowlton, C. J.
The plaintiff has recovered a judgment against the defendant corporation, and the execution issued thereon has been returned unsatisfied. He now seeks to hold the other defendants under the Pub. Sts. c. 106, § 60 (R. L. c. 110, § 58), which creates a liability on the part of certain officers of corporations “for signings any certificate which is required by law knowing it to be false.” The law requiring the certificate in this case is found in St. 1891, c. 341, §§ 1, 5, St. 1895, c. 311, § 1, and St. 1897, c. 492 (R. L. c. 126, §§ 13, 14), which require that a foreign corporation doing…
2Cases cited1 opinion
- Felker v. Standard Yarn Co.Massachusetts Supreme Judicial Court · 1889
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- Smalley v. McGrawMichigan Supreme Court · 1907
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