O'Brien v. O'Brien
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on December 22, 1919. The allegations of the bill are described in the opinion.
Read the full summary
Bill in equity, filed in the Superior Court on December 22, 1919. The allegations of the bill are described in the opinion. Those relating to the fiduciary relation between the plaintiff and the defendant John P. O’Brien were as follows: “The defendant, John P. O’Brien, professed to and did in fact act as agent and trustee of the plaintiff’s interest in said corporation and during all the time that said corporation continued active business, held the offices of president and treasurer and acted as general manager and had full control of all the affairs of said corporation, and the plaintiff,…
1Opinion of the CourtRugg, C. J.
This is a suit in equity concerning shares of capital stock in a corporation. There are three defendants. Each filed a separate demurrer, all of them being of the same tenor. No action except the final decree dismissing the bill appears to have been taken upon the demurrers of the defendants other than upon that of Margaret O’Brien. Upon her demurrer an order was made to the effect that the demurrer be sustained, and that “ unless within two weeks leave shall be given to amend, a decree dismissing the bill shall be entered without further order.” Two days after the expiration of the two weeks…
2Cases cited27 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Glover v. Waltham Laundry Co.Massachusetts Supreme Judicial Court · 1920
- Elliott v. BakerMassachusetts Supreme Judicial Court · 1907
- Rioux v. CroninMassachusetts Supreme Judicial Court · 1915
- Nelson Theatre Co. v. NelsonMassachusetts Supreme Judicial Court · 1913
22 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Samia v. Central Oil Co. of WorcesterMassachusetts Supreme Judicial Court · 1959
- Reed v. NormanCalifornia Supreme Court · 1957
- Attorney General v. Trustees of Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1946
- Stuck v. SchummMassachusetts Supreme Judicial Court · 1935
- Hays v. Georgian Inc.Massachusetts Supreme Judicial Court · 1932
19 more not listed; retrieve them via the Exa API.