Middlesex Turnpike Corp. v. Locke
Massachusetts Supreme Judicial Court
The declaration in this action was upon contract, and contained two counts. In the first count the plaintiffs aver that, in consideration they had permitted the defendant to become a member of the corporation, and a proprietor of one share of the stock thereof, and to be entitled to his proportion of all tolls and benefits which should arise from the said turnpike, he, by a memorandum in writing by him subscribed, purporting that the whole expense of making said turnpike was…
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The declaration in this action was upon contract, and contained two counts. In the first count the plaintiffs aver that, in consideration they had permitted the defendant to become a member of the corporation, and a proprietor of one share of the stock thereof, and to be entitled to his proportion of all tolls and benefits which should arise from the said turnpike, he, by a memorandum in writing by him subscribed, purporting that the whole expense of making said turnpike was estimated at 40,000 dollars, and that it was proposed that there should be four hundred shares, promised and engaged to…
1Opinion of the Court
By the Court.
We decided, in the case of The Andover and Medford Turnpike Corporation vs. Gould, (3) that where the members of a turnpike corporation agree expressly to pay the assessments that may be made by the corporation, an action lies for the recovery of such assessments. — To the objection that the defendant had done all in his power to assign his share, we do not attach much weight. Such a transfer might be made to a pauper, with the intent merely to rid the proprietor of his obligation to the corporation, and to deprive the latter of all remedy but from the sale of the shares, which…
2Cases cited1 opinion
- Andover & Medford Turnpike Corp. v. GouldMassachusetts Supreme Judicial Court · 1809
3Cited by22 opinions
- Holland v. StateSupreme Court of Florida · 1876
- Stevens v. Rutland & Burlington RailroadSupreme Court of Vermont · 1851
- Worcester Turnpike Corp. v. WillardMassachusetts Supreme Judicial Court · 1809
- White v. Syracuse & Utica RailroadNew York Supreme Court · 1853
- Kean v. JohnsonNew Jersey Court of Chancery · 1853
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