Davis v. Bay State League
Massachusetts Supreme Judicial Court
Petition in equity, filed on November 16,1891, and amended petition filed on November 9,1892, asking for an allowance out of the funds in the hands of the receiver of the Bay State League, for counsel fees and expenses incurred in procuring the appointment of such receiver. Hearing before Lathrop, J., who ordered an allowance to be made, and reported the case for the determination of the full court, in substance as follows.
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Petition in equity, filed on November 16,1891, and amended petition filed on November 9,1892, asking for an allowance out of the funds in the hands of the receiver of the Bay State League, for counsel fees and expenses incurred in procuring the appointment of such receiver. Hearing before Lathrop, J., who ordered an allowance to be made, and reported the case for the determination of the full court, in substance as follows. Prior to November 16, 1891, certain members of the Bay State League had obtained evidence of fraud and mismanagement on the part of the officers, and, acting on this…
1Opinion of the CourtField, C. J.
In Hobbs v. McLean, 117 U. S. 567, 582, it is said, “ When many persons have a common interest in a trust property or fund, and one of them, for the benefit of all and at his own cost and expense, brings a suit for its preservation or administration, the court of equity in which the suit is brought will order that the plaintiff be reimbursed his outlay from the property of the trust, or by proportional contribution from those who accept the benefits of his efforts.” The subject has been carefully considered in Trustees v. Greenough, 105 U. S. *435527, and Central Railroad & Banking Co. v.…
2Cases cited9 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
- Hobbs v. McLeanSupreme Court of the United States · 1886
- Clark v. SawyerMassachusetts Supreme Judicial Court · 1890
- Willard v. LavenderMassachusetts Supreme Judicial Court · 1888
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3Cited by21 opinions
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- Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
- Shaw v. HardingMassachusetts Supreme Judicial Court · 1940
- Sagalyn v. Meekins, Packard & Wheat Inc.Massachusetts Supreme Judicial Court · 1935
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