Vose v. Grant
Massachusetts Supreme Judicial Court
This was a special action of the case, in which the plaintiff claims lo recove? a sum of money of the defendant, in consequence of his alleged liability, as a stockholder, and as. a director of the Hallowell and Augusta Bank. The declaration contained several counts.
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This was a special action of the case, in which the plaintiff claims lo recove? a sum of money of the defendant, in consequence of his alleged liability, as a stockholder, and as. a director of the Hallowell and Augusta Bank. The declaration contained several counts. In the fourth of them, on which the plaintiff's counsel principally relied, are recited several sections of the Act incorporating the President, Directors, and Company, of the Hallotvell and Augusta Bank, (1) and of an act to enable certain banks to * settle and close their concerns ; then follow averments, that the said…
1Opinion of the CourtJackson, J.
This is not an action of assumpsit, but an action of trespass upon the case, founded on a supposed wrong committed by the proprietors of the bank, of whom the defendant was one. The acts complained of took place in the year 1813 ; and the plaintiff does not appear to have possessed any bills of the bank, or to have had any interest in their proceedings, until the year 1816. This was urged, on the argument, as decisive against the plaintiff’s right to recover in this action; and we do not see why it is not so.
This right of action, if there were any, accrued to those who held the bills at the…
2Cited by41 opinions
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- Clapp v. PetersonIllinois Supreme Court · 1882
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