Penobscot & Kennebec Railroad v. Dunn
Supreme Judicial Court of Maine
ON RepoRT from Nisi Prius, Hathaway, J., presiding. Assumpsit. This action was brought to recover the amount of certain shares in the capital stock of the corporation subscribed for by defendant, and for assessments made thereon. The plea was the general issue.
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ON RepoRT from Nisi Prius, Hathaway, J., presiding. Assumpsit. This action was brought to recover the amount of certain shares in the capital stock of the corporation subscribed for by defendant, and for assessments made thereon. The plea was the general issue. After the evidence on the part of plaintiffs was submitted, it was agreed to report the cause for the consideration of the full Court; and if upon the evidence the action is maintainable, a default to be entered and damages assessed by the law Court; otherwise to stand for trial. In the charter introduced were these provisions; “The…
1Opinion of the CourtRice, J.
— It was decided in Oldtown & Lincoln Railroad Co. v. Veazie, ante, p. 571, that a plea of the general issue does in our practice admit the existence of the corporation, with a capacity to sue and be sued. It cannot be an admission of more than this. There is nothing in the plea authorizing it. The decided cases do not; the plea contains no language that the corporation has performed its duties in other respects, or that it has performed its part of a condition by which a conditional contract with it has become binding.
By the pleadings therefore, it is admitted that the plaintiff is competent…
2Cases cited2 opinions
- Owings v. SpeedSupreme Court of the United States · 1820
- President of the Highland Turnpike Co. v. M'KeanNew York Supreme Court · 1813
3Cited by3 opinions
- Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
- Hoagland v. Cincinnati & Fort Wayne RailroadIndiana Supreme Court · 1862
- Louisiana Paper Co. v. WaplesU.S. Circuit Court for the District of Louisiana · 1877