Legal Opinion

Abele v. S. A. Meagher Co.

Massachusetts Supreme Judicial Court

Decided June 26, 1917PublishedCited by 4 opinions

Bill in equity, filed in the Superior Court on October 3, 1916, by the trustee in bankruptcy of the estate of Francis T. Meagher of Milton, praying among other things that an issue of three hundred shares of the S. A. Meagher Company, a corporation, to Katherine A. Meagher, the wife of the bankrupt, such shares “not having been paid for in full at the time they were issued or since,” be declared to have been made illegally and that' the plaintiff as trustee be declared to be…

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Bill in equity, filed in the Superior Court on October 3, 1916, by the trustee in bankruptcy of the estate of Francis T. Meagher of Milton, praying among other things that an issue of three hundred shares of the S. A. Meagher Company, a corporation, to Katherine A. Meagher, the wife of the bankrupt, such shares “not having been paid for in full at the time they were issued or since,” be declared to have been made illegally and that' the plaintiff as trustee be declared to be the sole owner of all the capital stock of that corporation. The case was heard by Jenney, J., who filed a finding of…

1Opinion of the CourtBraley, J.

It appears that the corporation was organized as a family concern to take over and conduct the business formerly carried on by the defendant Francis T. Meagher, the bankrupt, of whom the plaintiff is trustee. Its capital consisted of five hundred shares of common stock of the par value of $10 each, which has all been issued, añd no controversy arises over the validity of the issuance of two hundred shares to Francis, which are now in the possession of the plaintiff. But, the judge having found that the issue of the remaining three hundred shares to the defendant Katherine A. Meagher or her…

2Cases cited6 opinions

  1. Scovill v. ThayerSupreme Court of the United States · 1882
  2. Security Warehousing Co. v. HandSupreme Court of the United States · 1907
  3. Lorillard v. . ClydeNew York Court of Appeals · 1881
  4. Corey v. Independent Ice Co.Massachusetts Supreme Judicial Court · 1917
  5. Bennett v. Ætna InsuranceMassachusetts Supreme Judicial Court · 1909

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Mitchell v. Mitchell, Woodbury Co.Massachusetts Supreme Judicial Court · 1928
  2. Kothe v. Phoenix Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1929
  3. In re National Piano Co.District Court, D. Massachusetts · 1918
  4. Bethards ex rel. Draper & Kramer, Inc. v. Metropolitan Life InsuranceAppellate Court of Illinois · 1936

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