Legal Opinion

E. S. Parks Shellac Co. v. Harris

Massachusetts Supreme Judicial Court

Decided January 15, 1921PublishedCited by 22 opinions

Bill in equity, under St. 1903, c. 437, §§ 34, 36, as amended by St. 1911, c. 488, §§ 1, 2, begun by writ of summons and attachment in the Superior Court on June 3, 1919, and afterwards on motion of the defendant Harris removed to the Supreme Judicial Court, to require the defendant Frederick Harris to pay a balance due on a debt of the defendant Ilickinson Manufacturing Company to the plaintiff by reason of the fact that he, while the president and a director of that…

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Bill in equity, under St. 1903, c. 437, §§ 34, 36, as amended by St. 1911, c. 488, §§ 1, 2, begun by writ of summons and attachment in the Superior Court on June 3, 1919, and afterwards on motion of the defendant Harris removed to the Supreme Judicial Court, to require the defendant Frederick Harris to pay a balance due on a debt of the defendant Ilickinson Manufacturing Company to the plaintiff by reason of the fact that he, while the president and a director of that corporation, in 1917 signed a false certificate of condition of the corporation which was filed with the Secretary of the…

1Opinion of the CourtJenney, J.

By St. 1903, c. 437, § 34, as amended by St. 1911, c. 488, § 1, the president, treasurer and directors of every Massachusetts corporation coming within the purview of the general corporation act of 1903, are made jointly and severally liable for its debts and contracts contracted or entered into while they are officers, if any statement or report, required by the provisions of the chapter first referred to, is made and signed by them which is false in any material representation, and which they know, or on reasonable examination could have known, to be false. The liability extends to…

2Cases cited33 opinions

  1. Huntington v. AttrillSupreme Court of the United States · 1892
  2. Chattanooga Foundry & Pipe Works v. City of AtlantaSupreme Court of the United States · 1906
  3. Meeker & Co. v. Lehigh Valley RRSupreme Court of the United States · 1915
  4. Howarth v. LombardMassachusetts Supreme Judicial Court · 1900
  5. Higgins v. Central New England & Western RailroadMassachusetts Supreme Judicial Court · 1892

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3Cited by22 opinions

  1. Elliott v. Warwick Stores, Inc.Massachusetts Supreme Judicial Court · 1952
  2. Lynch v. Signal Finance Co. of QuincyMassachusetts Supreme Judicial Court · 1975
  3. Putnam v. SavageMassachusetts Supreme Judicial Court · 1923
  4. Continental Corp. v. GowdyMassachusetts Supreme Judicial Court · 1933
  5. Noble v. MartinWashington Supreme Court · 1937

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