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Arey v. George Associates

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eBook details

  • Title: Arey v. George Associates
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 29, 1937
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

QUA, Justice. By this bill in equity the plaintiff seeks (1) To compel the defendant corporation to account to the plaintiff for a balance alleged to be due him as his share of commissions for managerial services rendered under a contract with the corporation by the terms of which the commissions were to be calculated annually upon the net earnings of the corporation, without deduction for certain taxes, but after deducting eight per cent. on the invested capital and surplus, and (2) to compel the individual defendants to pay to the plaintiff such sums as might be found due him in default of payment by the corporation, on the theory that the individual defendants, as officers of the corporation, had become liable for its debts and contracts under G.L., Ter.Ed., c. 156, §§ 36, 38, by making a false report of the condition of the corporation. The cause was referred to a master to whose report the plaintiff filed many objections, most of which were directed against the refusal of the master to make rulings requested by the plaintiff. An interlocutory decree was entered 'that the objections of the plaintiff, except in so far as they relate to rulings of law, other than incidental rulings of law be and hereby are overruled and said report be and hereby is confirmed, in so far as it finds facts.' The plaintiff did not appeal from this decree. There was no further interlocutory decree dealing with the master's report, but a final decree was entered dismissing the bill, from which the plaintiff appealed.


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