Woodbury v. Portland Marine Society
Supreme Judicial Court of Maine
In Equity. On Appeal by Plaintiff. The case is stated in the opinion. Here is a private corporation with defined powers. An ultra vires act is threatened. Bill is brought, with prayer for injunction and general relief. The act is done. Injunction now would not meet the exigency of this case. Restitution will. What then is the duty of this court? Clearly, a decree for restitution with costs. The plaintiff as a proper party brought this bill.
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In Equity. On Appeal by Plaintiff. The case is stated in the opinion. Here is a private corporation with defined powers. An ultra vires act is threatened. Bill is brought, with prayer for injunction and general relief. The act is done. Injunction now would not meet the exigency of this case. Restitution will. What then is the duty of this court? Clearly, a decree for restitution with costs. The plaintiff as a proper party brought this bill. He had a right to ask this court to restrain these acts. Pending the suit, a defendant by an act, which amounts to fraud, cannot constitute a proper…
1Opinion of the CourtPeters, C. J.
This bill in equity, instituted by a single complainant, as a member of the Portland Marine Society, against that, corporation and its president and treasurer, to restrain the society from contracting for a banquet for its members on a certain public occasion, or to prevent payment for the same from the funds of the society if already contracted for, was heard below and *20comes to this court by appeal from a decree by the sitting justice refusing to sustain the bill.
The decree recites the more material facts and states the reasons for refusing the equitable aid asked for; and is as follows :■ —…
2Cited by1 opinion
- Fralinger v. CookeCourt of Appeals of Maryland · 1908