Legal Opinion

Pierce v. Estate of Paine

Supreme Court of Vermont

Decided November 15, 1855PublishedCited by 29 opinions

Assumpsit. The allegations in the declaration do not appear in any papers in the possession of the reporter, except so far as they are stated in the opinion of the court. Plea, the general issue; trial by jury, September Term, 1855, — Poland, J., presiding.

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Assumpsit. The allegations in the declaration do not appear in any papers in the possession of the reporter, except so far as they are stated in the opinion of the court. Plea, the general issue; trial by jury, September Term, 1855, — Poland, J., presiding. The plaintiff testified that he was a stockholder in the Vermont Central Kailroad Company, and by the rules of the company, established at the time they issued a new stock, at fifty cents on the dollar, he was entitled to take more than fifty shares of said fifty per cent issue, but that before the time limited for the stockholders to take…

1Opinion of the Court

The opinion of the court was delivered by

Redeield, Ch. J.

This is an action of assumpsit upon a promise to pay the plaintiff the money paid out, and interest, if he would subscribe for fifty shares in the stock of the Yermont Central Railroad Company, and pay the amount of them, as the assessments fell due, which was within one year, if, after one year, the plaintiff should elect not to keep them, but to transfer them to the defendant. And if the plaintiff clid then elect to keep them, and they were above par, he was to pay the defendant half the-advance. It is claimed, on the part of the…

2Cases cited1 opinion

  1. Broadwell v. GetmanNew York Supreme Court · 1846

3Cited by29 opinions

  1. McClellan v. SanfordWisconsin Supreme Court · 1870
  2. Boone v. CoeCourt of Appeals of Kentucky · 1913
  3. Fall v. HazelriggIndiana Supreme Court · 1874
  4. Whipple v. ParkerMichigan Supreme Court · 1874
  5. Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909

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