Bowen v. Dorchester Ice Co.
| Decision Date | 26 February 1926 |
| Citation | 255 Mass. 159,150 N.E. 840 |
| Parties | BOWEN v. DORCHESTER ICE CO. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Report from Superior Court, Suffolk County; Frederick Lawton, Judge.
Action of contract by William E. Bowen against the Dorchester Ice Company. Case reported for determination of full court. Action dismissed, because of dissolution of corporate existence of defendant.
Francis Juggins and Margaret M. McChesney, both of Boston, for plaintiff.
Friedman, Atherton, King & Turner, of Boston, for defendant.
This action at law against a Massachusetts corporation was commenced on July 25, 1917. The defendant was dissolved by Special St. 1916, c. 112, which took effect on February 21, 1916. That act contained no provision extending an action like the present. It is provided by St. 1903, c. 437, § 52, subject to the terms of which the defendant was dissolved that it shall ‘be continued as a body corporate for three years after the time when it would have been so dissolved for the purpose of prosecuting and defending suits by or against it.’ That period expired on February 21, 1919. The defendant came to an end on that date. Boston Tow Boat Co. v. Medford National Bank, 117 N. E. 928, 228 Mass. 484, 486.
A proviso was added to said section 52 by St. 1920, c. 165, to the effect that--
‘The corporate existence of such a corporation, for the purposes of any suit brought by or against it within said period of three years, shall continue beyond said period for a further period of sixty days after final judgment in the suit.’
That act was prospective only in operation. It did not apply to the case at bar. Malden & Melrose Gas Light Co. v. Chandler, 107 N. E. 426, 220 Mass. 1, 3, 4, Ann. Cas. 1917A, 145.
Action dismissed not on the merits but because of dissolution of corporate existence of defendant.
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Union Plate & Wire Co. v. COMMISSIONER OF INTERNAL REVENUE, Docket No. 28823.
...Bank of Mississippi v. Wrenn, 3 Smedes & M. (Miss.) 791. To the same effect is the decision of the same court in Bowen v. Dorchester Ice Co., 255 Mass. 159; 150 N. E. 840, in which the court * * * The defendant was dissolved by Special St. 1916, c. 112, which took effect on February 21, 191......
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Alexander v. Casco Music Systems, Inc.
...for that limited purpose. Boston Tow Bost Co. v. Medford Natl. Bank, 228 Mass. 484, 486, 117 N.E. 928 (1917). Bowen v. Dorchester Ice Co., 255 Mass. 159, 150 N.E. 840 (1926). Order dismissing action ...
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