Legal Opinion

Bird v. Daggett

Massachusetts Supreme Judicial Court

Decided October 15, 1867PublishedCited by 23 opinions

Contract with a count in tort, on two promissory notes dated in August 1860, each for nine hundred and ninety-five dollars and fifty cents, payable to the order of Charles R. Duxbury in six months with interest, signed “ Daggett Manufacturing Company, H. N. Daggett, Agent.”

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Contract with a count in tort, on two promissory notes dated in August 1860, each for nine hundred and ninety-five dollars and fifty cents, payable to the order of Charles R. Duxbury in six months with interest, signed “ Daggett Manufacturing Company, H. N. Daggett, Agent.” At the trial in the superior court, before Wilkinson, J., the making of the notes by the defendant, and the indorsement of them before maturity by Duxbury to the plaintiff, were admitted ; and it appeared that the Daggett Manufacturing Company was a joint stock company organized in 1857 under the St. of 1851, c. 133, and…

1Opinion of the CourtFoster, J.

1. We are all of opinion that the corporation was duly organized. The only objection insisted upon was that the purposes of the association were not “ distinctly and definitely specified.” But the enumeration of them, although very extensive, appears to be distinct and definite, and we are aware of no legal objection to the manufacture by a single corporation of the greatest variety of articles.

*4972. The only remaining claim not waived at the argument is that upon the counts in tort inserted in the declaration the defendant is liable, for having knowingly given the notes without authority. The…

2Cases cited1 opinion

  1. Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820

3Cited by23 opinions

  1. Monument National Bank v. Globe WorksMassachusetts Supreme Judicial Court · 1869
  2. Merchants' National Bank v. Citizens' Gas Light Co.Massachusetts Supreme Judicial Court · 1893
  3. Davenport v. StoneMichigan Supreme Court · 1895
  4. Farmers' Nat. Bank v. Sutton Manuf'g Co.Court of Appeals for the Sixth Circuit · 1892
  5. Conners Bros. v. SullivanMassachusetts Supreme Judicial Court · 1915

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