Small v. Franklin Mining Co.
Massachusetts Supreme Judicial Court
Bill in equity filed October 17, 1867, for an injunction on the Franklin Mining Company, a corporation under the law of Michigan, and Charles Emery, its treasurer, against selling forty-five shares, owned by the plaintiff in its capital stock, for alleged nonpayment of an assessment of five dollars per share, or $225 in all, laid thereon by the directors, which the plaintiff alleged that he had paid.
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Bill in equity filed October 17, 1867, for an injunction on the Franklin Mining Company, a corporation under the law of Michigan, and Charles Emery, its treasurer, against selling forty-five shares, owned by the plaintiff in its capital stock, for alleged nonpayment of an assessment of five dollars per share, or $225 in all, laid thereon by the directors, which the plaintiff alleged that he had paid. The answer (on .which issue was joined,) denied full payment of the assessment by the plaintiff. At the hearing, before Wells, J., it was agreed “ that the defendants were entitled to proceed to…
1Opinion of the CourtChapman, C. J.
The plaintiff contends that his assessment has been paid by the indorsement and delivery of the check of Williams to the defendants’ clerk, and the subsequent conduct of the clerk in respect to it. The plaintiff had held the check for several days without presentment or inquiry, believing it" to be good, and represented to the defendants’ clerk that it was all right. It was presented for payment on the next day, and this presentment was seasonable. The drawer had failed, and his paper had gone to protest on the day when the plaintiff passed it to the defendants’ clerk. It was not therefore…
2Cited by8 opinions
- Reggio v. WarrenMassachusetts Supreme Judicial Court · 1911
- Brettun v. FoxMassachusetts Supreme Judicial Court · 1868
- Hecht v. BatchellerMassachusetts Supreme Judicial Court · 1888
- Henry v. ConleySupreme Court of Arkansas · 1886
- Lowell Co-operative Bank v. SheridanMassachusetts Supreme Judicial Court · 1933
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