Merriam v. Boston, Clinton & Fitchburg Railroad
Massachusetts Supreme Judicial Court
Bill in equity, filed July 5, 1878, against the Boston, Clinton and Fitchburg Railroad Company and George A. Torrey, to compel them to account for certain shares of the stock and bonds of the corporation and to transfer the same to the plaintiff.
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Bill in equity, filed July 5, 1878, against the Boston, Clinton and Fitchburg Railroad Company and George A. Torrey, to compel them to account for certain shares of the stock and bonds of the corporation and to transfer the same to the plaintiff. The case was reserved by Gray, C. J., for the consideration of the full court, upon a report in substance as follows : In October, 1867, the plaintiff was the owner of eight shares of the preferred stock and three shares of the unpreferred stock of the Fitchburg and Worcester Railroad Company, the same being her sole and separate property, and…
1Opinion of the Court
Ames, J.. At the time when the plaintiff delivered the certifi ■ cotes of her shares, with her signature indorsed, to her son, she had no legal capacity to convey them, without the written consent of her husband, or that of a judge of the Supreme Judicial Court, Superior Court, or Court of Probate. Gen. Sts. c. 108, § 3. As the conveyance under which the defendants claim was without such consent, it was invalid, and the' legal title to the shares still remains in her. The doctrine of estoppel is not applied to the case of a party incapable in law of making a contract, and she is therefore not…
2Cases cited1 opinion
- Pierce v. ChaceMassachusetts Supreme Judicial Court · 1871
3Cited by16 opinions
- Casey v. . KastelNew York Court of Appeals · 1924
- Levering v. ShockeyIndiana Supreme Court · 1885
- Knight v. ThayerMassachusetts Supreme Judicial Court · 1878
- Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
- Denholm v. McKayMassachusetts Supreme Judicial Court · 1889
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