Lindsay v. Arlington Co-operative Ass'n
Massachusetts Supreme Judicial Court
Contract by a stockholder in the Arlington Co-operative Association, against that corporation, for the par value of twenty-eight shares of its stock which the plaintiff had given notice that she desired to withdraw under the terms of a certain by-law of the defendant. Writ in the Police Court in Lawrence, dated October 21, 1903. On appeal to the Superior Court the case was heard by Holmes, J., without a jury, on an agreed statement of facts.
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Contract by a stockholder in the Arlington Co-operative Association, against that corporation, for the par value of twenty-eight shares of its stock which the plaintiff had given notice that she desired to withdraw under the terms of a certain by-law of the defendant. Writ in the Police Court in Lawrence, dated October 21, 1903. On appeal to the Superior Court the case was heard by Holmes, J., without a jury, on an agreed statement of facts. He gave judgment for’ the plaintiff in the sum of $143.36; and the defendant appealed. By the agreed facts it appeared that the plaintiff was the owner…
1Opinion of the CourtBarker, J.
The defendant was incorporated on July 8, 1884, under the provisions of Pub. Sts. c. 106, to carry on the trade of general dealers in household supplies on the co-operative plan. The statute provided that the capital of any such association should not be less than $1,000 nor more than $100,000. Pub. Sts. c. 106, § 9. The amount of the defendant’s capital was not fixed by its by-laws, and is not stated in the agreed facts.
There are but scanty statutory provisions regulating co-operative trading associations. The par value of their shares may be $100 or any sum fixed in the articles of…
2Cases cited8 opinions
- New England Trust Co. v. AbbottMassachusetts Supreme Judicial Court · 1894
- Dupee v. Boston Water Power Co.Massachusetts Supreme Judicial Court · 1873
- Atwood v. DumasMassachusetts Supreme Judicial Court · 1889
- Hunt v. MooreMassachusetts Supreme Judicial Court · 1850
- Jones v. BrownMassachusetts Supreme Judicial Court · 1898
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3Cited by10 opinions
- Crimmins & Peirce Co. v. Kidder Peabody Acceptance Corp.Massachusetts Supreme Judicial Court · 1933
- San Antonio Hardware Co. v. SangerCourt of Appeals of Texas · 1912
- Stanton v. Lighthouse Financial Services, Inc.District Court, D. Massachusetts · 2009
- Keith v. KilmerCourt of Appeals for the First Circuit · 1919
- Scriggins v. Thomas Dalby Co.Massachusetts Supreme Judicial Court · 1935
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