Burnap v. Haskins Steam-Engine Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed February 8, 1877, by eleven judgment creditors, under the St. of 1870, c. 224, § 42, in behalf of them selves and all other creditors of the Haskins Steam-Engine Company, a corporation established under said act, against said corporation and Henry A. Goodrich and others, stockholders therein, to enforce the personal liability of the latter on the ground that the plaintiffs had recovered judgments against the corporation for services due them as…
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Bill in equity, filed February 8, 1877, by eleven judgment creditors, under the St. of 1870, c. 224, § 42, in behalf of them selves and all other creditors of the Haskins Steam-Engine Company, a corporation established under said act, against said corporation and Henry A. Goodrich and others, stockholders therein, to enforce the personal liability of the latter on the ground that the plaintiffs had recovered judgments against the corporation for services due them as operatives, and rendered within six months before demands made upon the corporation fo: payment of the same, and that the…
1Opinion of the CourtMorton, J.
The question reserved in this case is as to the form of the decree which should be entered for the plaintiffs. Are they entitled to a decree against all the stockholders of the corporation jointly and severally, or should there be separate decrees against each of the stockholders for amounts which are in proportion to the amounts of stock held by them? The answer depends upon the construction of SS 39, 43, of c. 224 of the St. o£ Í870.
Section 39 provides that “the members or stockholders in corporations shall be jointly and severally liable for its debts or contracts in the following cases,…
2Cases cited1 opinion
- Hawes v. Anglo-Saxon Petroleum Co.Massachusetts Supreme Judicial Court · 1872
3Cited by1 opinion
- Coyle v. Taunton Safe Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1913