Coyle v. Taunton Safe Deposit & Trust Co.
Massachusetts Supreme Judicial Court
Contract for an unpaid balance of a deposit of the plaintiff with the defendant. Writ in the First District Court of Bristol, dated December 11,1909. On appeal to the Superior Court the case was heard by Hardy, J., without a jury, upon an agreed statement of facts.
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Contract for an unpaid balance of a deposit of the plaintiff with the defendant. Writ in the First District Court of Bristol, dated December 11,1909. On appeal to the Superior Court the case was heard by Hardy, J., without a jury, upon an agreed statement of facts. On a petition of the board of commissioners of savings banks to the Supreme Judicial Court the defendant was placed in the hands of a receiver on February 29, 1904. Previous to December 14,1909, the receiver in the administration of the defendant’s affairs had collected practically all of its assets and had distributed to the…
1Opinion of the CourtLoring, J.
After our decision in Nichols v. Taunton Safe Deposit & Trust Co. 203 Mass. 551, this action was brought against the trust company by one of its creditors to lay the foundation for enforcing under R. L. c. 110, § 60, the personal liability of stockholders created by R. L. c. 116, § 30. The only defense set up here is that before the date of the writ on a petition brought against it under R. L. c. 113, § 6 (which is applicable to trust companies by force of R. L. c. 116, § 37), all the property of the trust company had been put in the hands of a receiver to wind up its affairs and it had been…
2Cases cited4 opinions
- Archambeau v. PlattMassachusetts Supreme Judicial Court · 1899
- Train v. Marshall Paper Co.Massachusetts Supreme Judicial Court · 1902
- Nichols v. Taunton Safe Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1909
- Norfolk v. American Steam Gas Co.Massachusetts Supreme Judicial Court · 1871