Low v. Connecticut & Passumpsic Rivers Railroad
Supreme Court of New Hampshire
In Assumpsit, under tbe common counts, tbe plaintiff, in bis specification, claimed to recover for bis labor and services in organizing said Railroad Company, in procuring subscriptions to its capital stock, and getting it into operation, from Jan. 1, 1845, to Jan. 15, 1846 — $5.-000.00 : For one borse delivered to A. Gilmore — for services by bim rendered to said Company at tbeir request, $300.00. Under tbe general issue, it appeared, that by an Act of tbe Legislature of…
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In Assumpsit, under tbe common counts, tbe plaintiff, in bis specification, claimed to recover for bis labor and services in organizing said Railroad Company, in procuring subscriptions to its capital stock, and getting it into operation, from Jan. 1, 1845, to Jan. 15, 1846 — $5.-000.00 : For one borse delivered to A. Gilmore — for services by bim rendered to said Company at tbeir request, $300.00. Under tbe general issue, it appeared, that by an Act of tbe Legislature of Vermont, passed Nov. 10, 1835, Gardner C. Hall, and others named, of whom Erastus Fairbanks, Portas Baxter, Elijah…
1Opinion of the CourtBellows, J.
The great question is whether the plaintiff is entitled to recover of the corporation in any form for services rendered by him antecedent to its organization, but which were necessary to enable it to complete that organization j and if so whether the action of assumpsit can be maintained.
In considering the first question it will be assumed for the present that the services were necessary, that they were rendered at the request of one or more of the original corporators, or of those who were associated with them, and that the corporation accepted those services after its organization, and…
2Cases cited9 opinions
- Chester Glass Co. v. DeweyMassachusetts Supreme Judicial Court · 1819
- Dutchess Cotton Manufactory v. DavisNew York Supreme Court · 1817
- Bell v. CunninghamSupreme Court of the United States · 1830
- Hall v. Vermont & Massachusetts RailroadSupreme Court of Vermont · 1856
- Vermont Central Rail Road v. ClayesSupreme Court of Vermont · 1848
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hardy v. MerrillSupreme Court of New Hampshire · 1875
- Ashuelot Boot & Shoe Co. v. HoitSupreme Court of New Hampshire · 1876
- Ashuelot Boot & Shoe Co. v. HoitSupreme Court of New Hampshire · 1876