95 Mass. 129 | Mass. | 1866
The difficulties in the way of maintaining this action, on the facts set forth in the report, are numerous and insuperable.
2. The evidence was wholly insufficient to sustain the action on the other counts in the declaration. The claim which the plaintiff seeks to enforce is for a debt alleged to have been incurred by various persons belonging to the Gay Head tribe of Indians, now included within the district of Gay Head, for goods sold and delivered prior to the incorporation of said district by St. 1862, c. 184. The obvious and decisive objection to the enforcement of this claim is, that it is not due and owing from the “ body politic and corporate ” which that act creates. No contract, either express or implied, exists by force of which the corporate body can be held liable. There is no rule or principle of the common law by virtue of which the creation of a municipal corporation can be held to convert the debts previously due, either jointly or severally, from the persons who become members of the new municipality, into corporate liabilities. In the absence of any express legislative enactment, the corporation cannot be said to be the successors of or in privity with its members, so as to be responsible for their previously existing liabilities. There is no legal identity between a corporation and the individuals who compose it. The corporate body is a distinct legal entity, and can be held liable only by showing some breach of
3. But the more satisfactory and decisive answer to the plaintiff’s claim is, that he has no valid existing debt or claim against any one, which can be enforced by a suit at law. The Indians and people of color constituting the “ Gay Head tribe,” prior to St. 1862, c. 184, by which they were created a corporation with municipal rights and privileges, were in a certain sense wards of the Commonwealth, over whose property and persons a supervision was exercised from time to time, and for whose protection against the dangers arising from improvidence and incapacity specific enactments were made. Among these, by St. 1811, c. 78, § 2, it was expressly provided that “ no actions shall be brought against any of the Indian, mulatto or negro proprietors of said lands, for any debt hereafter to be by them contracted with any person or persons for any sums whatsoever,” unless the same was examined and allowed by guardians appointed under the first section of the same act. This provision was in force at the time the articles, for the price of which the plaintiff seeks by this action to recover, were sold and delivered to divers persons belonging to said tribe of Indians and proprietors of said lands. Nor has it yet been repealed, unless the St. of 1862, e. 184, operates as a partial repeal by implication, so far ás relates to debts which may be incurred by the district. It is true that no guardian has been appointed during a long series of years under the provisions of the act of 1811, and that during
Exceptions sustained.