Legal Opinion

Nye v. Storer

Massachusetts Supreme Judicial Court

Decided February 26, 1897PublishedCited by 35 opinions

Bill in equity, filed in this court August 1, 1895, by a stockholder and director of the Onset Bay Grove Association, against the officers and other directors and the corporation, for the cancellation of a lease, and for other relief. The defendants demurred to the bill, assigning several grounds of demurrer. At the hearing, the demurrer was sustained, and the bill dismissed; and the plaintiff appealed to the full court. The facts appear in the opinion.

1Opinion of the CourtKnowlton, J.

If we assume in favor of the plaintiff, without deciding, that he has alleged such facts in the conduct of the corporation and its directors as would enable him as a stockholder to obtain relief if it appeared that the acts complained of were illegal, we come to the substance of the charges of illegality. See Dunphy v. Traveller Newspaper Association, 146 Mass. 495.

The corporation was established under St. 1877, c. 98, “ for *54the purpose of holding personal property and real estate where a wharf, hotel, and other public buildings may be erected, and building lots sold or leased for the…

2Cases cited9 opinions

  1. Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
  2. Gamble v. Queens County Water Co.New York Court of Appeals · 1890
  3. Dunphy v. Traveller Newspaper Ass'nMassachusetts Supreme Judicial Court · 1888
  4. Kelley v. Newburyport & Amesbury Horse RailroadMassachusetts Supreme Judicial Court · 1886
  5. Dupee v. Boston Water Power Co.Massachusetts Supreme Judicial Court · 1873

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3Cited by35 opinions

  1. Keenan v. EshlemanSupreme Court of Delaware · 1938
  2. Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
  3. Winchell v. Plywood Corp.Massachusetts Supreme Judicial Court · 1949
  4. Krebiozen Research Foundation v. Beacon Press, Inc.Massachusetts Supreme Judicial Court · 1956
  5. United States Steel Corp. v. HodgeSupreme Court of New Jersey · 1903

30 more not listed; retrieve them via the Exa API.

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