Lamb v. McIntire
Massachusetts Supreme Judicial Court
Bill in equity, filed October 2,1901, by two attaching creditors of the Endicott Granite Company, the first named being also a stockholder, to set aside a certain mortgage and note for $1,000 executed in behalf of the defendant corporation to the defendant Mclntire, the only consideration being alleged to be $750 advanced by the defendant Mclntire for the purpose of paying salaries to certain .officers of the corporation.
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Bill in equity, filed October 2,1901, by two attaching creditors of the Endicott Granite Company, the first named being also a stockholder, to set aside a certain mortgage and note for $1,000 executed in behalf of the defendant corporation to the defendant Mclntire, the only consideration being alleged to be $750 advanced by the defendant Mclntire for the purpose of paying salaries to certain .officers of the corporation. In the Superior Court Hardy, J. overruled the defendant Mclntire’s exceptions to the master’s report, and also the exceptions of the plaintiff Lamb to the report, and found…
1Opinion of the CourtKnowlton, C. J.
The question in this case is whether the mortgage given by the defendant, the Endicott Granite Company to the defendant Mclntire, is valid against the plaintiffs who are judgment creditors of the defendant corporation, and who attached the mortgaged property when they brought their suits, after the mortgage was given. This mortgage was executed by one Wilson in the name of the corporation while he was acting as its president and one of its directors. The plaintiffs contend that Wilson and his associates were not legally elected directors, because the same number of votes was cast for the…
2Cited by8 opinions
- Kennedy v. WelchMassachusetts Supreme Judicial Court · 1907
- Rubenstein v. LottowMassachusetts Supreme Judicial Court · 1915
- Manufacturers National Bank v. Simon Manufacturing Co.Massachusetts Supreme Judicial Court · 1919
- Perkins v. HiltonMassachusetts Supreme Judicial Court · 1952
- Samuel & Nathan E. Goldstein, Inc. v. DietzMassachusetts Supreme Judicial Court · 1933
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