Jennings v. Murphy

2 Citing cases

  1. Bellis v. Thal

    373 F. Supp. 120 (E.D. Pa. 1974)   Cited 18 times
    In Bellis, the burden shifted to the directors of the corporation to prove good faith and fairness because there was self-dealing involved.

    See also South Penn Collieries Co. v. Sproul, 52 F.2d 557 (3d Cir. 1931); Otis Co. v. Pennsylvania R. Co., 61 F. Supp. 905 (E.D.Pa. 1945), aff'd, 3 Cir., 155 F.2d 522. The burden does not shift to the defendants to prove the fairness of the transaction. Uccello v. Gold'n Foods Inc., 325 Mass. 314 (1950), 90 N.E.2d 530, 16 A.L.R.2d 459. Plaintiffs would have us apply a different standard.

  2. Stow v. Commissioner of Corporations & Taxation

    336 Mass. 337 (Mass. 1957)   Cited 18 times
    In Stow v. Commissioner of Corps. Taxn. 336 Mass. 337, 341-342, this court, upon an inadequate record and because the issue had not been fully argued, refrained from deciding the question now presented.

    It must be specifically alleged and proved by the party who relies upon it, for purposes of either attack or defence. Jennings v. Murphy, 325 Mass. 314, 319. Cohen v. Santoianni, 330 Mass. 187, 192, and cases cited.