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Joslin v. Boston & M. R. Co.

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eBook details

  • Title: Joslin v. Boston & M. R. Co.
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 27, 1931
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

RUGG, C. J. This suit in equity is brought by the owner of shares of preferred stock in the defendant railroad corporation
(hereafter called the railroad) against the railroad, its directors, and the Boston Holding Company, the owner of a large
number of shares of the common stock as well as of some shares of preferred stock in the railroad. The objects of the suit
are (1) to enjoin the payment by the railroad of any dividend upon its common stock until there shall have been declared and
paid to holders of its preferred stock dividends unpaid for 1925, 1926, 1927 and 1828, and (2) to order the amount of a dividend
declared upon common stock in February, 1930, to be paid to holders of preferred stock. The case was reserved for determination upon the bill and answers. Therefore, the facts set out in the bill and not denied
in the answers, and all facts well pleaded in the answers at variance with the allegations of the bill, must be taken to be
true. Perkins v. Nichols, 11 Allen, 542, 544; Public Service Commissioners v. New England Telephone & Telegraph Co.,
232 Mass. 465, 466, 122 N.E. 567, 4 A. L. R. 1662; Polish Political Club v. Cloper, 260 Mass. 559, 560, 157 N.E. 705. One
paragraph of the answer of the railroad contains a demurrer.


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