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Keywords

plaintiffdefendantequityhearingmotiontrustwillcorporationgood faithmotion to dismiss
plaintiffdefendantequityhearingmotionwillcorporationgood faith

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Bullivant v. First Nat. Bank, 246 Mass. 324, 141 N.E. 41

Facts

The plaintiff, William M. Bullivant, owned a significant number of shares in the Northwestern Leather Company, which was facing financial difficulties and was deeply indebted. The defendants, including the First National Bank of Boston, were accused of attempting to secure the corporation's valuable property through fraudulent means. A voting trust was established, allowing the bank to manage and vote the shares, and a plan for reorganization was proposed. The plaintiff sought to dismiss his bill without prejudice after a receiver was appointed for the corporation, but the court ruled against him.

The main facts upon which the plaintiff now relies are that the corporation, although highly prosperous at one time, suffered from general business depression in the leather trade and was deeply indebted to several banks, one of which was the First National Bank of Boston.

Issue

Whether the plaintiff had the right to dismiss his bill without prejudice after hearings had begun before the master.

The right of a plaintiff in equity to dismiss his bill has been considered in several of our decisions.

Rule

The general rule is that a plaintiff in equity may dismiss his bill on payment of costs unless something has been done in the case that entitles the defendant to have the suit finally disposed of on the merits.

The general rule seems to be that the court, on the plaintiff's motion, will dismiss his bill on payment of costs as for want of prosecution, unless something has been done in the case which entitles the defendant, on equitable grounds, to have the suit finally disposed of on the merits.

Analysis

The court analyzed the circumstances surrounding the plaintiff's motion to dismiss and determined that since hearings had already commenced before the master, the plaintiff could not unilaterally dismiss the case without prejudice. The court emphasized that the plaintiff should have sought a modification of the order to proceed with the hearing before asserting his right to dismiss.

The master refused, in the absence of any order to that effect from the court, to stop his hearing on Monday, July 31, and compelled the parties to go forward.

Conclusion

The court ruled that the plaintiff did not have the right to dismiss his bill without prejudice, confirming the master's report and dismissing the bill with costs.

There was no error in the ruling that, since the hearing had begun before the master, the plaintiff's motion ought to be denied in view of all the circumstances disclosed.

Who won?

The defendants prevailed in the case because the court found that they acted in good faith and that the plaintiff was not entitled to a decree in his favor.

The court found that the defendants acted in good faith and in an honest belief that the course taken and recommended by each was for the best interests of all concerned.

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