Penobscot Railroad v. Dummer
Supreme Judicial Court of Maine
Assumpsit, to recover fifteen assessments, of five dollars each, on five shares in the capital stock of the Penobscot Railroad Company. At the trial, before Hathaway, J., after the evidence was out, it was agreed that the full Court, upon report of the evidence, should enter judgment by nonsuit or default, according to law. The cause will readily be understood from the opinion.
1Opinion of the Court
Shepley, C. J.,
This suit has been commenced to recover the amount of several assessments made on five shares of the capital stock of the corporation. The general issue having been pleaded, the existence of the corporation, with capacity to sue, is thereby admitted.
*173The defendant subscribed for five shares in the month of March, 1851. The corporation was not organized until the following month of May. The subscribers for the stock agreed to take and fill the number of shares set against their names, in the capital stock of the Penobscot Railroad Company, upon certain conditions. Several…
2Cases cited1 opinion
- Tipton v. ChambersCourt of Appeals of Kentucky · 1859
3Cited by11 opinions
- Heaston v. Cincinnati & Fort Wayne RailroadIndiana Supreme Court · 1861
- Rutland & Burlington Railroad v. ThrallSupreme Court of Vermont · 1863
- Schmidt v. German Mutual InsuranceIndiana Court of Appeals · 1892
- Branch v. Augusta Glass WorksSupreme Court of Georgia · 1895
- Greenbrier Industrial Exposition v. RodesWest Virginia Supreme Court · 1893
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