Boston & Roxbury Mill Corp. v. Tyndale
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on September 18, 1912, by the Boston and Roxbury Mill Corporation, a corporation created by St. 1814, c. 39, amended by St. 1816, c. 40, and dissolved, except as to the disposition of the fund here in question, by a decree of the Supreme Judicial Court made on May 1, 1912, against Theodore H. Tyndale, as public administrator of the estate of Thomas M. Lloyd, who intervened at the request of the Attorney General, praying for…
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Bill in equity, filed in the Supreme Judicial Court on September 18, 1912, by the Boston and Roxbury Mill Corporation, a corporation created by St. 1814, c. 39, amended by St. 1816, c. 40, and dissolved, except as to the disposition of the fund here in question, by a decree of the Supreme Judicial Court made on May 1, 1912, against Theodore H. Tyndale, as public administrator of the estate of Thomas M. Lloyd, who intervened at the request of the Attorney General, praying for an order of distribution of the fund of $2,375 named below. The bill was as follows: “And now comes the Boston and…
1Opinion of the CourtSheldon, J.
It is contended by the plaintiff that the right to recover these dividends has been barred by the statute of limitations. There is a conflict of decisions upon the question whether that statute begins to run against a stockholder’s right of action for dividends declared by a corporation as soon as these have been declared and become payable, or not until there has been a repudiation by the corporation of the stockholder’s right to require payment of the dividends. The former view has been taken by the British courts and sometimes has been followed in this country. In re Severn & Wye & Severn…
2Cases cited16 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- The People v. . Merchants and Mechanics' Bk.New York Court of Appeals · 1879
- Kobogum v. Jackson Iron Co.Michigan Supreme Court · 1889
- Redhead v. Iowa National BankSupreme Court of Iowa · 1905
- Le Roy v. Globe InsuranceNew York Court of Chancery · 1836
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