Legal Opinion

Parkhurst v. Almy

Massachusetts Supreme Judicial Court

Decided September 22, 1915PublishedCited by 12 opinions

Bill in equity, filed in the Supreme Judicial Court on December 22, 1913, by Edwin Ginn of Winchester, and after his death prosecuted by the executors of his will, against William F. Almy and Lillian W. Almy, and the American Linen Company, the Granite Mills, the Sagamore Manufacturing Company, the Merchants Manufacturing Company, and the Pocasset Manufacturing Company, each a manufacturing corporation, and the Boston Storage Warehouse Company, a corporation, alleging that…

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Bill in equity, filed in the Supreme Judicial Court on December 22, 1913, by Edwin Ginn of Winchester, and after his death prosecuted by the executors of his will, against William F. Almy and Lillian W. Almy, and the American Linen Company, the Granite Mills, the Sagamore Manufacturing Company, the Merchants Manufacturing Company, and the Pocasset Manufacturing Company, each a manufacturing corporation, and the Boston Storage Warehouse Company, a corporation, alleging that the original plaintiff on July 19, 1912, "recovered judgment” against the defendant William F. Almy in the sum of…

1Opinion of the CourtLoring, J.

A corporation has no right to make an over-issue of its capital stock, and a court has no power to give it a right to do so. A decree in the form set forth in the report seems to undertake to proceed upon the basis that it has such a right in providing that upon the issue of certificates to a special master in lieu of the certificates now standing in the name of William F. Almy “such corporations shall be discharged and released from all liability by reason of the outstanding certificates in the name of said William F. Almy,” provided the plaintiffs give to each of the corporations a bond “…

2Cases cited5 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Pratt v. Taunton Copper Manufacturing Co.Massachusetts Supreme Judicial Court · 1877
  3. Machinists' National Bank v. FieldMassachusetts Supreme Judicial Court · 1879
  4. Athol Savings Bank v. BennettMassachusetts Supreme Judicial Court · 1909
  5. Clews v. FriedmanMassachusetts Supreme Judicial Court · 1903

3Cited by12 opinions

  1. Foster v. EvansMassachusetts Supreme Judicial Court · 1981
  2. Warr v. Collector of TaxesMassachusetts Supreme Judicial Court · 1920
  3. Hiller v. American Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1949
  4. Rosenthal v. MaletzMassachusetts Supreme Judicial Court · 1948
  5. Gardiner v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1916

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