Hilliard v. Upper Coos Railroad
Supreme Court of New Hampshire
Assumpsit, for goods sold and delivered. Writ dated April 6> 1908. Plea, the general issue, with a brief statement that the cause of action did not accrue within six years. Trial by jury, resulting in a disagreement. The defendants excepted to the denial of motions for a nonsuit and the direction of a verdict in their favor.
Read the full summary
Assumpsit, for goods sold and delivered. Writ dated April 6> 1908. Plea, the general issue, with a brief statement that the cause of action did not accrue within six years. Trial by jury, resulting in a disagreement. The defendants excepted to the denial of motions for a nonsuit and the direction of a verdict in their favor. Transferred from the December term, 1912, of the superior court on a bill of exceptions allowed by Chamberlin, J. The goods for which payment was claimed were sold between 1887 and 1889 to George VanDyke, who was during that time, and until his death in 1909, president of…
1Opinion of the CourtParsons, C. J.
Neither the president nor a director of a corporation has power by virtue of his office to bind the corporation. Holland v. Association, 68 N. H. 480; New Boston Fire Ins. Co. v. Uyton, 67 N. H. 469; Wait v. Association, 66 N. H. 581; Buttrick v. Railroad, 62 N. H. 413, 418; Lyndon Mill Co. v. Institution, 63 Vt. 581.
The only evidence to toll the bar of the statute rests in the statements claimed to have been made in 1906; for whatever was said and with whatever authority in 1901, no statement then made could prove a promise within six years before the bringing of the suit in 1908. Assuming…
2Cases cited4 opinions
- Wardell v. Railroad Co.Supreme Court of the United States · 1881
- West St. Louis Savings Bank v. Shawnee County BankSupreme Court of the United States · 1877
- Farrington v. South Boston RailroadMassachusetts Supreme Judicial Court · 1890
- Lyndon Mill Co. v. Lyndon Literary & Biblical InstitutionSupreme Court of Vermont · 1891
3Cited by7 opinions
- Exeter Banking Co. v. TaylorSupreme Court of New Hampshire · 1932
- Reuter Organ Co. v. First Methodist Episcopal ChurchWashington Supreme Court · 1941
- Ernshaw v. RobergeSupreme Court of New Hampshire · 1934
- Edelstone v. Salmon Falls Manufacturing Co.Supreme Court of New Hampshire · 1930
- Renault v. L. N. Renault & Sons, Inc.District Court, E.D. Pennsylvania · 1950
2 more not listed; retrieve them via the Exa API.