Hinkley v. Blethen
Supreme Judicial Court of Maine
On REPORT. Bill in equity, heard on bill, answer and proof. It is not equity to deny the complainants a remedy. Let the building be sold; it can injure no one. If it is worth more to the defendants than to the complainants, they will offer more for it. If it is worth more to an outsider than to either, the complainants are entitled to the benefit of it. It is the fairest way to dispose of the property and have the legal rights of all protected.
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On REPORT. Bill in equity, heard on bill, answer and proof. It is not equity to deny the complainants a remedy. Let the building be sold; it can injure no one. If it is worth more to the defendants than to the complainants, they will offer more for it. If it is worth more to an outsider than to either, the complainants are entitled to the benefit of it. It is the fairest way to dispose of the property and have the legal rights of all protected. We say that under the statutes this case is analogous to a case of partnership, where the court never hesitates to apply the remedy we seek here.
1Opinion of the CourtWalton, J.
This is a suit in equity. The plaintiffs appear to be members of an unincorporated joint-stock companyand they pray that a receiver may be appointed, the property of the company sold, and the proceeds divided among the members.
We are not satisfied that the prayer of the plaintiffs ought to. be granted. The only property of the company is a building and its fixtures and a small amount of furniture, and less than a hundred dollars in its treasury, worth, all together, not more than ten or twelve hundred dollars. The building was erected by members of the Patrons of Husbandry, and has always…
2Cited by4 opinions
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- Ferguson v. RouseoLouisiana Court of Appeal · 1920