Nickerson v. Wheeler
Massachusetts Supreme Judicial Court
Bill in equity, filed September 2, 1872, for contribution. Hearing before Rndicott, J., who made a report of the case to the full court in substance as follows; The plaintiff was director and president of a manufacturing corporation, organized under the Gen. Sts. o. 61, and the defendants were directors of the corporation.
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Bill in equity, filed September 2, 1872, for contribution. Hearing before Rndicott, J., who made a report of the case to the full court in substance as follows; The plaintiff was director and president of a manufacturing corporation, organized under the Gen. Sts. o. 61, and the defendants were directors of the corporation. In 1870 a creditor recovered judgment against the corporation for a debt contracted in 1869, while the plaintiff and defendants were president and directors as aforesaid; and, an execution issued on said judgment being returned unsatisfied, afterwards filed his bill in…
1Opinion of the CourtDevens, J.
It is contended that, as the liability of the plaintiff and defendants to the creditors of the corporation, of which they were officers, arose from their neglect of duty as such officers to file the annual certificate required by the St. of 1862, c. 210, the principle, upon which at common law it has been decided that me wrong-doer, who has paid the damages recovered on account of the wrongful act of both, is not entitled to contribution from the other, applies here, and therefore that the plaintiff cannot maintain this suit. Merryweather v. Nixan, 8 T. R. 186. But although one may have been…
2Cases cited3 opinions
- Spalding v. OakesSupreme Court of Vermont · 1869
- Oakes v. SpauldingSupreme Court of Vermont · 1867
- Norfolk v. American Steam Gas Co.Massachusetts Supreme Judicial Court · 1869
3Cited by23 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Best v. YerkesSupreme Court of Iowa · 1956
- Ellis v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1918
- Nebraska National Bank v. WalshSupreme Court of Arkansas · 1900
- Hobbs v. HurleySupreme Judicial Court of Maine · 1918
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