Tuttle v. Batchelder & Lincoln Co.
Massachusetts Supreme Judicial Court
Two bills in equity, filed June 7, 1897, by shareholders in the defendant corporation, who had sold their shares to the defendant according to a written agreement providing for the appraisal and the sale of the shares, alleging fraud in the appraisal and praying for an accounting; for the ascertaining of the value of the good will of the business of the defendant; and for a decree compelling the defendant to pay to the plaintiffs the excess of the value of the shares over…
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Two bills in equity, filed June 7, 1897, by shareholders in the defendant corporation, who had sold their shares to the defendant according to a written agreement providing for the appraisal and the sale of the shares, alleging fraud in the appraisal and praying for an accounting; for the ascertaining of the value of the good will of the business of the defendant; and for a decree compelling the defendant to pay to the plaintiffs the excess of the value of the shares over the amount per share which they had received. The cases were heard on that part of the answer in each case which was in…
1Opinion of the CourtMorton, J.
These cases were heard on that part of the answer in each case which is in the nature of a demurrer.
The bill alleges in both cases, in substance, that the plaintiffs were the owners of certain shares in the defendant corporation; that it was agreed between the shareholders and the corporation, according to an agreement of which a copy is annexed to the bills, that if a shareholder should wish at any time to sell his stock it should be appraised by the directors, and upon payment to him of such appraisal he should transfer his stock to the corporation; that the plaintiffs requested the…
2Cases cited2 opinions
- Jones v. NewhallMassachusetts Supreme Judicial Court · 1874
- Suter v. MatthewsMassachusetts Supreme Judicial Court · 1874
3Cited by5 opinions
- Atlanta & Walworth Butter & Cheese Ass'n v. SmithWisconsin Supreme Court · 1910
- Cashin v. Corporation Finance Co.Massachusetts Supreme Judicial Court · 1925
- Chamberlain v. JamesMassachusetts Supreme Judicial Court · 1936
- Cannon v. BatesSupreme Court of Virginia · 1914
- Inhabitants of Revere v. Revere Water Co.Massachusetts Supreme Judicial Court · 1914