180 Mass. 147 | Mass. | 1901
The decree in this case is in accordance with the master’s report, to which no exceptions are taken. The appeal of the defendant Biddle is founded on the denial of his motion to dismiss the bill on the ground that it appears from the pleadings and the master’s report that it is “a bill seeking to enforce an illegal contract or joint undertaking, inasmuch as it seeks to enforce the distribution of the alleged profits arising out of the execution of an unlawful undertaking, namely, the entering into partnership of corporations with individuals.” The findings show that the plaintiffs, who were creditors of the insolvent company, and the defendants Biddle and Nelson,
If we assume in favor of the defendant, without deciding, that the Charles Wing Company was acting without authority of law, the defendant is not in a position to avail himself of the defence of ultra vires in reference to the fruits of the joint enterprise. Under the doctrine stated in Nims v. Mount Hermon Boys’ School, 160 Mass. 177, there is no good reason why the court should refuse to give the plaintiffs a remedy.
Decree affirmed.