108 Mass. 332 | Mass. | 1871
The material facts, so far as they can be gathered from the confused and unsatisfactory evidence offered at the hearing, appear to be as follows: On or about July 1, 1869, James P. Robinson, being a stockholder, but not then a director, in the defendant corporation, at his own expense furnished the corporation with ten cars which they took and ever since retained possession of; and an agreement for the use and purchase thereof
We have found it unnecessary to consider the objection of multifariousness, because, upon a careful examination of the whole evidence, we are satisfied that the plaintiff has failed to make out a case upon any ground stated in the bill. As our conclusion depends mainly upon the decision of questions of fact, it may be very briefly stated.
It does not appear that the corporation had any other means of satisfying any part of the claim of Robinson, the whole consideration for which the corporation had received and enjoyed; or that it would have gained anything but delay and increased expense, by obliging him to bring separate actions for successive instalments as they should become payable under the contract, instead of allowing him to take one judgment for the whole amount due him.
The allegations of fraud and corruption and concealment are not sustained by the evidence.
The allegation that the president executed the contract with Robinson without authority is disproved by the records of the corporation.
The ground, taken in the argument, that the transactions complained of were void because Robinson was a director in the corporation when they took place, is not set up in the bill, which shows only that he was a director when the bill was filed, not at any previous time.
Decree dismissing the bill affirmed.