129 Mass. 46 | Mass. | 1880
There being no report of the evidence, the only question open upon the record is whether the decree is warranted by the allegations of the bill. Stanley v. Stark, 115 Mass. 259
Upon the allegations of the bill, if supported by evidence, the judge who heard the cause might well be of opinion that the corporation could easily have satisfied itself of the truth of the facts, and of its obligation to make the transfer demanded, if it had been willing to examine the evidence offered; and that its absolute refusal to make any transfer whatever, except under a decree of court, was unreasonable and vexatious. Under such circumstances, even a trustee should be charged with the costs of a suit which his conduct has made necessary to be brought against him. Penfold v. Pouch, 4 Hare, 271. Pirmin v. Pulham, 2 DeG. & Sm. 99. Taylor v. Powlen, L. R. 4 Ch. 697. And we are not required to consider how far a corporation can- be deemed a trustee as against the owners of its shares, or how far an appeal can be entertained in equity upon the question of costs only.
Pecree affirmed, with costs.