Thayer v. New England Lithographic Steam Printing Co.
Massachusetts Supreme Judicial Court
Bill in equity filed October 13,1870, to charge Frederick Nickerson, Frederick W. Nickerson, Milo J. Burke, and ten other individual defendants, as officers of the defendant corporation, (which was a manufacturing corporation, organized in 1866 under the Gen. Sts. e. 61, established at Boston, and having its annual meeting in January,) with personal liability for debts contracted by the corporation to the plaintiff in the year 1869, for which he recovered judgment against it…
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Bill in equity filed October 13,1870, to charge Frederick Nickerson, Frederick W. Nickerson, Milo J. Burke, and ten other individual defendants, as officers of the defendant corporation, (which was a manufacturing corporation, organized in 1866 under the Gen. Sts. e. 61, established at Boston, and having its annual meeting in January,) with personal liability for debts contracted by the corporation to the plaintiff in the year 1869, for which he recovered judgment against it in the superior court on June 15, 1870, execution whereon was returned unsatisfied before the filing of the bill and…
1Opinion of the CourtWells, J.
This suit is brought under the provisions of the St. of 1862, o. 218, § 4, to enforce, against the officers of a manufacturing corporation organized under the general laws, a supposed liability for the debts of the corporation, imposed by the St. of 1863, o. 246, § 2.
The objection, in the outset, is, that the remedy provided by the St. of 1862, e. 218, can be resorted to only for the purpose of enforcing a liability imposed or recognized by that statute; and that, for the liability relied on in this case, the only remedy is to be had under the Gen. Sts. e. 68, § 17.
But the remedy given by the…
2Cited by20 opinions
- Glenn v. WilliamsCourt of Appeals of Maryland · 1883
- Cunningham v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1924
- Guerney v. MooreSupreme Court of Missouri · 1895
- Savage v. ShawMassachusetts Supreme Judicial Court · 1907
- Lazenby v. HendersonMassachusetts Supreme Judicial Court · 1922
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