Electric Welding Co. v. Fitz
Massachusetts Supreme Judicial Court
Tyro bills in equity, filed in the Supreme Judicial Court on February 9, 1912, by a corporation organized under the laws of the United Kingdom of. Great Britain and Ireland, to enforce the alleged liability under R. L. c. 141, §§ 26, 27, of the respective devisees and legatees under the wills of two deceased subscribers for shares of the capital stock of the plaintiff, for a payment of £1 a share in accordance with a call made by the plaintiff’s directors.
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Tyro bills in equity, filed in the Supreme Judicial Court on February 9, 1912, by a corporation organized under the laws of the United Kingdom of. Great Britain and Ireland, to enforce the alleged liability under R. L. c. 141, §§ 26, 27, of the respective devisees and legatees under the wills of two deceased subscribers for shares of the capital stock of the plaintiff, for a payment of £1 a share in accordance with a call made by the plaintiff’s directors. The defendants in each case demurred to the bill. The cases were heard by Morton, J., who sustained the demurrers, and made final decrees…
1Opinion of the CourtRtjgg, C. J.
The plaintiff, an English corporation, seeks to recover a call for a payment of £1 per share upon stock subscribed for by Eustace C. Fitz and John Simpkins respectively, both now deceased, in these suits against their devisees and legatees. Their estates were settled in probate courts in this Commonwealth before the call for payment upon the stock was made. The point to be decided is whether the devisees and legatees of these decedents are liable under R. L. c. 141, §§ 26,27. The substance of these sections, so far as now material, is that a creditor after the settlement of an estate and…
2Cases cited5 opinions
- Bullard v. MoorMassachusetts Supreme Judicial Court · 1893
- Forbes v. HarringtonMassachusetts Supreme Judicial Court · 1898
- Converse v. NicholsMassachusetts Supreme Judicial Court · 1909
- Bassett v. DrewMassachusetts Supreme Judicial Court · 1900
- Peabody v. AllenMassachusetts Supreme Judicial Court · 1907
3Cited by3 opinions
- First National Bank v. NicholsMassachusetts Supreme Judicial Court · 1936
- Cantor v. NewtonMassachusetts Appeals Court · 1976
- Thompson v. OwenMassachusetts Supreme Judicial Court · 1924