Middlesex Turnpike Corp. v. Swan
Massachusetts Supreme Judicial Court
This action was assumpsit, to recover the amount of assessments upon six shares in the stock of the said corporation, at the rate of 240 dollars on the share. Trial was had on the general issue, before Parker, J., at the sittings after the last November term in this county, and [ * 385 ] * a verdict for the plaintiff was returned, subject to the opinion of the Court upon the following facts reported by the judge, as proved or admitted at the trial.
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This action was assumpsit, to recover the amount of assessments upon six shares in the stock of the said corporation, at the rate of 240 dollars on the share. Trial was had on the general issue, before Parker, J., at the sittings after the last November term in this county, and [ * 385 ] * a verdict for the plaintiff was returned, subject to the opinion of the Court upon the following facts reported by the judge, as proved or admitted at the trial. The corporation was created by statute of 1§05, c. 12, by the provisions of which statute one branch of the turnpike was to pass from a certain…
1Opinion of the CourtSew all, J.
This action being upon an express contract, this is to be sufficiently alleged, in point of consideration as well as promise, and is to be proved as it is alleged. The material allegations in the plaintiff’s declaration are their incorporation, and the authority to them to make a turnpike road in a particular direction specified by the statute; and a promise, on the part of the defendant, not only to take certain shares in the undertaking, but to pay all assessments which should be made thereon conformably to the act of incorporation.
The statute is to be considered as. expressing a grant of…
2Cases cited2 opinions
- Middlesex Turnpike Corp. v. LockeMassachusetts Supreme Judicial Court · 1811
- Worcester Turnpike Corp. v. WillardMassachusetts Supreme Judicial Court · 1809
3Cited by15 opinions
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Hartford & New-Haven Rail Road v. KennedySupreme Court of Connecticut · 1838
- Stevens v. Rutland & Burlington RailroadSupreme Court of Vermont · 1851
- San Antonio v. LewisTexas Supreme Court · 1852
- Troy & Rutland Railroad v. KerrNew York Supreme Court · 1854
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