Richardson v. Massachusetts Charitable Mechanic Association

• Decision Date: 11 April 1881
• Citation: 131 Mass. 174
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: Josiah B. Richardson v. Massachusetts Charitable Mechanic Association & others

131 Mass. 174

Josiah B. Richardson v. Massachusetts Charitable Mechanic Association & others

Supreme Court of Massachusetts

April 11, 1881

Argued November 18, 1880

Suffolk. Bill in equity, filed July 1, 1880, to restrain the defendants from carrying out an arrangement by which the defendant corporation was to mortgage its estate on Bedford Street in Boston for the sum of $ 125,000, and purchase with that sum a tract of land on Huntington Avenue, for the purpose of erecting thereon a permanent building, in which to hold exhibitions and the meetings of the corporation. Hearing upon bill, answer and supplemental answer before Colt, J who dismissed the bill, with costs; and the plaintiff appealed to the full court. The facts appear in the opinion.

Decree affirmed.

F. W Griffin, for the plaintiff.

H. G Allen for the corporation, was not called upon.

Endicott, J. Lord, Soule & Field, JJ., absent.

OPINION

Endicott, J.

It is not contended by the plaintiff that the defendant corporation exceeded its powers in mortgaging its estate on Bedford Street. See Hendee v. Pinkerton, 14 Allen 381. Nor does the plaintiff seriously contend that the corporation has exceeded its powers in holding occasional fairs, for the exhibition of inventions and improvements in the mechanic arts, in buildings hired or temporarily erected for that purpose; but the claim is that it has no authority to buy land and erect a permanent building thereon in which to hold such exhibitions.

The Massachusetts Charitable Mechanic Association was chartered by the St. of 1805, c. 75, with authority to purchase and hold "in fee simple or otherwise" real estate to the amount of $ 40,000, and personal estate to the amount of $ 10,000, "and the same to sell, aliene and dispose of at their pleasure." By subsequent acts, the last of which was passed in April, 1880, the amount of real and personal estate authorized to be held by the corporation has been increased to $ 600,000. The charter provides that the corporation may appropriate its funds to charitable purposes, and that its annual income "shall only be employed for the purpose of relieving the distresses of unfortunate mechanics and their families; to promote inventions and improvements in the mechanic arts, by granting premiums for said inventions and improvements; and to assist young mechanics with loans of money." By the St. of 1825, c. 88, it was empowered to "establish schools and libraries for the use of apprentices, and the improvement of the arts."

Neither the charter nor the subsequent acts in addition thereto direct the manner in which the provisions for...