Maltby v. the Northwestern Virginia Rail Road Co.
Court of Appeals of Maryland
Assumpsit, brought on the 29th of December 1855, by the appellee against the appellant, as surviving partner of the firm of Holt & Maltby, to recover certain unpaid instalments of an alleged subscription for 150 shares of the capital stock of the Northwestern Virginia Rail Road Company, made in the name of the firm by the deceased partner, Dan. Holt, in his life time. Plea non assumpsit. 1st Exception.
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Assumpsit, brought on the 29th of December 1855, by the appellee against the appellant, as surviving partner of the firm of Holt & Maltby, to recover certain unpaid instalments of an alleged subscription for 150 shares of the capital stock of the Northwestern Virginia Rail Road Company, made in the name of the firm by the deceased partner, Dan. Holt, in his life time. Plea non assumpsit. 1st Exception. This exception, with the evidence in the cause, is fully stated in the opinion of Chief Justice Le Grand. 2nd Exception. The plaintiff, after the evidence had been offered, asked the three…
1Opinion of the Court 1
Le Grand, O. J.,
delivered the following opinion:
This action was brought to recover from the appellant, surviving partner of the firm of Holt & Maltby, certain unpaid instalments, claimed to be due on an alleged subscription for one hundred and fifty shares of the capital stock of the appellee, made, in the name of the firm, by the deceased partner, Dan Holt, in his life time.
The plaintiff, to sustain its case, offered in evidence the Act of Virginia, under which it claimed to be a corporation; and also the general railroad law of that State. In addition, it offered the proceedings of the…
Also in this document: Opinion of the Court · Bartol.
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