Craig Silver Co. v. Smith
Massachusetts Supreme Judicial Court
Contract, in two counts. The first count alleged that, on February 9, 1893, the plaintiff made a contract with the defendants, a copy of which was annexed, whereby the plaintiff agreed to sell and the defendants agreed to buy two hundred and fifty shares of the capital stock of the plaintiff upon certain terms, with which the defendants had failed and neglected to comply. The second count was upon an account annexed for goods sold and delivered.
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Contract, in two counts. The first count alleged that, on February 9, 1893, the plaintiff made a contract with the defendants, a copy of which was annexed, whereby the plaintiff agreed to sell and the defendants agreed to buy two hundred and fifty shares of the capital stock of the plaintiff upon certain terms, with which the defendants had failed and neglected to comply. The second count was upon an account annexed for goods sold and delivered. The copy of the contract annexed to the declaration described the party of the first part as “ the Craig Silver Company, a corporation duly and…
1Opinion of the CourtAllen, J.
1. We will first consider the question, “Is the plaintiff the proper party to maintain the action ? ”
The charter of the West Virginia corporation bore date July 16, 1892; that in Connecticut, May 3, 1893. The latter by its terms was not to take effect till accepted by the stockholders. This acceptance was on May 15, 1893. Till this last date there was no corporation except that organized in West Virginia. The contract with the defendants was dated February 9, 1893, and on its face was the contract of the West Virginia corporation, and the defendants’ promise was to that corporation. No goods…
2Cases cited14 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Clearwater v. MeredithSupreme Court of the United States · 1864
- Nashua and Lowell Railroad v. Boston and Lowell RailroadSupreme Court of the United States · 1890
- Embree & Collins v. HannaNew York Supreme Court · 1809
- Merchants' National Bank v. Citizens' Gas Light Co.Massachusetts Supreme Judicial Court · 1893
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3Cited by22 opinions
- Paige v. SinclairMassachusetts Supreme Judicial Court · 1921
- Silver v. GravesMassachusetts Supreme Judicial Court · 1911
- United Zinc Companies v. HarwoodMassachusetts Supreme Judicial Court · 1914
- Kelly v. Citizens Finance Co. of Lowell, Inc.Massachusetts Supreme Judicial Court · 1940
- Shrewsbury v. TuftsWest Virginia Supreme Court · 1895
17 more not listed; retrieve them via the Exa API.