Gilmore v. Pope
Massachusetts Supreme Judicial Court
This was a special action of assumpsit brought by the plaintiff, aaming himself “ one of the Taunton and South Boston Turnpike Corporation,” and agent for the said corporation to procure subscriptions for shares in the turnpike road to be laid out and made by said corporation, and alleging a promise of the defendant to him, to take two shares, and to pay to the plaintiff or his order, on demand, all assessments that should at any time be made by said corporation for the…
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This was a special action of assumpsit brought by the plaintiff, aaming himself “ one of the Taunton and South Boston Turnpike Corporation,” and agent for the said corporation to procure subscriptions for shares in the turnpike road to be laid out and made by said corporation, and alleging a promise of the defendant to him, to take two shares, and to pay to the plaintiff or his order, on demand, all assessments that should at any time be made by said corporation for the purpose of laying out said turnpike road, and making and keeping the same in repair, and for damages incurred for lands over…
1Opinion of the CourtParsons, C. J.
All the facts necessary to maintain the action are agreed, provided any action lies on the subscription, and that such action could be sued by the present plaintiff. It has been settled in the case of The Worcester Turnpike Corporation vs. Willard (1), that on a subscription for admitting associates, if, by the terms of it, the associates severally engaged to pay the assessments made on their shares, the corporation might maintain an action on such engagement to recover the amount of the assessments; and we are of opinion, that this corporation might maintain an action on this agreement, to…
2Cases cited1 opinion
- Taunton & South Boston Turnpike Corp. v. WhitingMassachusetts Supreme Judicial Court · 1813
3Cited by32 opinions
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Nisbet v. LawsonSupreme Court of Georgia · 1846
- Taunton & South Boston Turnpike Corp. v. WhitingMassachusetts Supreme Judicial Court · 1813
- Townsend v. HoyleSupreme Court of Connecticut · 1849
- Bissell v. SpencerSupreme Court of Connecticut · 1832
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