Perry v. Hale
Massachusetts Supreme Judicial Court
Contract, against William Hale, Hazen M. Chase, Aaron H. Saltmarsh, Cyrus D. Furber, Joab Peasley, George A. Hall, Richard Webster, Romanzo Trefethen, G. W. Wentworth, Leonard V. Spaulding, and Jacob M. Willey. Writ dated May 15, 1885. The declaration contained three counts.
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Contract, against William Hale, Hazen M. Chase, Aaron H. Saltmarsh, Cyrus D. Furber, Joab Peasley, George A. Hall, Richard Webster, Romanzo Trefethen, G. W. Wentworth, Leonard V. Spaulding, and Jacob M. Willey. Writ dated May 15, 1885. The declaration contained three counts. The first count alleged that the plaintiff had paid the defendants $50, under a contract for the purchase of certain shares in an alleged corporation called the American Iron Glass Pipe and Plate Company, which contract he had since rescinded for legal cause and for false representations made to him; and a demand and…
1Opinion of the CourtC. Allen, J.
The plaintiff contends that he was induced to take shares in the company by the fraud of Saltmarsh; that the company was not incorporated; that it is open to him to deny the validity of the attempted incorporation; that he was entitled to rescind his contract of purchase of shares and to withdraw from the company, and to treat his membership as void from the beginning; that he has done all that he could do to. make such rescission and withdrawal effectual; and that the result is that the other members of the company are liable to him in an action at law, for money had and received, as…
2Cases cited4 opinions
- Richards v. ToddMassachusetts Supreme Judicial Court · 1879
- Ward v. BrighamMassachusetts Supreme Judicial Court · 1879
- Smith v. EverettMassachusetts Supreme Judicial Court · 1879
- Duff v. MaguireMassachusetts Supreme Judicial Court · 1868
3Cited by8 opinions
- Burbank v. FarnhamMassachusetts Supreme Judicial Court · 1915
- William H. Legate v. J. Joseph Maloney, Jr., ReceiverCourt of Appeals for the First Circuit · 1964
- Grossman v. LewisMassachusetts Supreme Judicial Court · 1917
- Van Andel v. SmithCourt of Appeals for the Tenth Circuit · 1957
- In re KimballDistrict Court, D. Massachusetts · 1899
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