Norfolk v. American Steam Gas Co.
Massachusetts Supreme Judicial Court
Bill in equity filed November 5,1866, under the St. of 1862, c. 218, by Edward L. Norfolk, William F. Small, John R. Smith and Sterry Smith, to charge individual defendants as officers of the defendant corporation, which was a manufacturing corporation organized in 1860, with personal liability for a debt of the corporation to Norfolk, by reason of their neglect to file the annual certificate, required by law, until May 25, 1861. At the first hearing of this suit, before the…
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Bill in equity filed November 5,1866, under the St. of 1862, c. 218, by Edward L. Norfolk, William F. Small, John R. Smith and Sterry Smith, to charge individual defendants as officers of the defendant corporation, which was a manufacturing corporation organized in 1860, with personal liability for a debt of the corporation to Norfolk, by reason of their neglect to file the annual certificate, required by law, until May 25, 1861. At the first hearing of this suit, before the chief justice, it appeared that the corporation owed Norfolk a debt part of which was contracted between May 11, 1871,…
1Opinion of the CourtMorton, J.
At the former hearing in this case, it was decided that the officers are liable for the debts of the corporation, contracted prior to May 25, 1861. 103 Mass. 160. If the record in the case had shown that the debt upon which judgment was obtained against the corporation was thus contracted, the plaintiffs would have then been entitled to a decree against the officers for the amount of such debt. But Norfolk brought his suit to recover for commissions, and for services, extending over two years commencing May 11,1861. It was therefore necessary to remit the case for a further hearing, in order…
2Cases cited3 opinions
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Hawes v. Anglo-Saxon Petroleum Co.Massachusetts Supreme Judicial Court · 1869
- Norfolk v. American Steam Gas Co.Massachusetts Supreme Judicial Court · 1869
3Cited by3 opinions
- Old Colony Boot & Shoe Co. v. Parker-Sampson-Adams Co.Massachusetts Supreme Judicial Court · 1903
- Babcock v. SlaterMassachusetts Supreme Judicial Court · 1912
- Coyle v. Taunton Safe Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1911