Legal Opinion

Byers v. Franklin Coal Co.

Massachusetts Supreme Judicial Court

Decided November 15, 1870PublishedCited by 34 opinions

Bill in equity, filed September 5,1867, by Eby Byers in behalf of himself and all other creditors of the Franklin Coal Company of Lykens Valley, a corporation organized and established in Boston under the Gen. Sts. e. 61, against said corporation and Edward C. Bates, Josiah Caldwell, Charles H. H. Cook, George S. Hillard, George C. Lord, Theodore Hatchett, Jacob Sleeper and Joseph H. Wightman, to charge the individual defendants, Bates as president, Cook as treasurer, and…

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Bill in equity, filed September 5,1867, by Eby Byers in behalf of himself and all other creditors of the Franklin Coal Company of Lykens Valley, a corporation organized and established in Boston under the Gen. Sts. e. 61, against said corporation and Edward C. Bates, Josiah Caldwell, Charles H. H. Cook, George S. Hillard, George C. Lord, Theodore Hatchett, Jacob Sleeper and Joseph H. Wightman, to charge the individual defendants, Bates as president, Cook as treasurer, and the others, with Bates, as directors, of the corporation, chosen at the annual meeting, June 20, 1865, and holding said…

1Opinion of the CourtMorton, J.

This is a bill in equity against the Franklin Coal Company of Lykens Valley, and certain persons alleged to be officers of said company. It appears that the defendant corpora*134fcion was duly organized in 1863, under the provisions of the sixty-first chapter of the General Statutes, for the purpose of mining coal in the state of Pennsylvania; that the defendants Bates, Wightman, Hillard, Caldwell, Hatchett and Cook were elected officers of said corporation on the 20th day of June 1865, and continued in office until the 19th day of June 1866; that they neglected to file the annual certificate…

2Cases cited1 opinion

  1. Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816

3Cited by34 opinions

  1. Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
  2. McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
  3. Boston & Maine Railroad v. Town of BillericaMassachusetts Supreme Judicial Court · 1928
  4. Assessors of Boston v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1949
  5. Continental Corp. v. GowdyMassachusetts Supreme Judicial Court · 1933

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