NAT . REFRACTORIES CO. v. BAY ST. BUILDERS SUPPLY CO.


334 Mass. 541 (1956)

137 N.E.2d 221

NATIONAL REFRACTORIES COMPANY, INC. vs. BAY STATE BUILDERS SUPPLY CO., INC. & another.

Supreme Judicial Court of Massachusetts, Middlesex.

September 13, 1956.


Attorney(s) appearing for the Case

Walter H. McLaughlin, (Arthur M. Gilman with him,) for the defendant Hale.

Stuart Macmillan, (Samuel F. Clapp with him,) for the plaintiff.

Present: WILKINS, C.J., RONAN, SPALDING, & WILLIAMS, JJ.


RONAN, J.

The plaintiff brought this suit under G.L. (Ter. Ed.) c. 156, §§ 37, 38, in its own behalf and in behalf of ten other creditors, and was joined by one intervener, all creditors of the defendant corporation by virtue of contracts made with the corporation subsequent to June 6, 1951, the date the defendant Hale claims to have resigned as a director of the corporation. All requirements of §§ 37, 38, prior to bringing suit have been complied...

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