Nichols v. Taunton Safe Deposit & Trust Co.
Massachusetts Supreme Judicial Court
Bill IN equity, filed in the Supreme Judicial Court on June 28, 1907, by Charles J. Nichols, a creditor of the Taunton Safe Deposit and Trust Company, a corporation created by St. 1897, c. 468, to enforce the personal liability of the stockholders of that corporation, and amended in accordance with an order of the court on October 29,1907, by making Frederick S. Hall, the receiver of the corporation, a plaintiff.
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Bill IN equity, filed in the Supreme Judicial Court on June 28, 1907, by Charles J. Nichols, a creditor of the Taunton Safe Deposit and Trust Company, a corporation created by St. 1897, c. 468, to enforce the personal liability of the stockholders of that corporation, and amended in accordance with an order of the court on October 29,1907, by making Frederick S. Hall, the receiver of the corporation, a plaintiff. The case was referred to L. Elmer Wood, Esquire, of Fall River as master, and later was heard by JRugg, J., upon the master’s report and exceptions thereto, and upon a petition of…
1Opinion of the CourtLoring, J.
1. Unless the personal liability of stockholders in trust companies subject to R. L. c. 116 depends upon one set of facts when the personal liability is enforced by a creditor, *554and upon another set of facts when it is enforced by a receiver, the decision of this court in Priest v. Essex Hat Manuf. Co. 115 Mass. 380, is fatal to the maintenance of this suit.
In Priest v. Essex Hat Manuf. Co., as in the case at bar, the return on the execution was made on the day on which the demand under it was made upon the corporation. In deciding that case Wells, J., speaking for this court, said: “Section 4…
2Cases cited1 opinion
- Priest v. Essex Hat Manufacturing Co.Massachusetts Supreme Judicial Court · 1874
3Cited by6 opinions
- Commissioner of Banks v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1925
- Commissioner of Banks v. Prudential Trust Co.Massachusetts Supreme Judicial Court · 1922
- Coyle v. Taunton Safe Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1913
- Cosmopolitan Trust Co. v. CohenMassachusetts Supreme Judicial Court · 1923
- Morse v. International Trust Co.Massachusetts Supreme Judicial Court · 1927
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