Berkshire Coal & Grain Co. v. Wing

The single question for decision in this case is, whether good faith of an officer of a corporation in signing a statement of condition of the corporation bars responsibility under G. L. c. 156, § 36, for a return false in particulars which he might on reasonable examination have known to be false.

Under the law as it existed before the enactment of St. 1911, e. 488, § 1, this court held that bad faith in making the return must be shown before a corporate official could be held liable to creditors for the debts of the corporation. The language of the statutes then in force imposing the…