Miller v. Aldrich
Massachusetts Supreme Judicial Court
Contract against a stockholder in a corporation organized in the State of Colorado residing at Worcester in this Commonwealth to enforce the alleged personal liability of the defendant under the statutes of Colorado.
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Contract against a stockholder in a corporation organized in the State of Colorado residing at Worcester in this Commonwealth to enforce the alleged personal liability of the defendant under the statutes of Colorado. Writ dated September 17, 1907. The declaration was as follows: “ The plaintiffs say that the defendant is a stockholder in the State Bank of Monte Vista and on June 15, A. D. 1899, and at all times thereafter owned, and now owns sixty shares of the capital stock of said bank of a par value of one hundred dollars. “ That said bank of Monte Vista was and still is a corporation duly…
1Opinion of the CourtSheldon, J.
In the argument of this case counsel on both sides have referred to the decisions of the courts of Colorado as showing the law of that State. But as any question of foreign law including the law of any other State must be treated here as a question of fact, we cannot go beyond the averments of the declaration to ascertain either the common or the statutory law of Colorado, except as we may be aided by the presumption that the common law of that State is the same as our own. Demelman v. Brazier, 193 Mass. 588, 592. Cherry v. Sprague, 187 Mass. 113. Accordingly we cannot consider or refer to…
2Cases cited18 opinions
- Bernheimer v. ConverseSupreme Court of the United States · 1907
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
- Great Western Telegraph Co. v. PurdySupreme Court of the United States · 1896
- Howarth v. LombardMassachusetts Supreme Judicial Court · 1900
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Breen v. BurnsMassachusetts Supreme Judicial Court · 1932
- Gallagher v. WheelerMassachusetts Supreme Judicial Court · 1935
- Gallo v. FoleyMassachusetts Supreme Judicial Court · 1937
- Siegel v. KnottMassachusetts Supreme Judicial Court · 1944
- Hanna v. . LichtenheinNew York Court of Appeals · 1919
8 more not listed; retrieve them via the Exa API.