Gardner Trust Co. v. Whitehall Corp.

This is a petition under G. L. c. 249, § 6, whereby provision is made to the effect that “A person whose private right or interest has been injured or is put in hazard, by the exercise of a franchise or privilege not conferred by law, by a private corporation or by persons claiming to be a private corporation, whether he is a member of such corporation or not, may apply ... for leave to file an information in the nature of a quo warranta.”

The private right or interest of the petitioner as displayed in its application for leave to file an information is that, having brought a suit in equity to…