United Society v. President of Eagle Bank of New-Haven
Supreme Court of Connecticut
Tins was an action of assumpsit, in two counts ; the first, general, for money had and received for the plaintiffs’ use ; the second, special, for the amount of 72 shares of stock, subscribed by the plaintiffs, and demanded of the defendants, after six months notice of their intention to withdraw them. The plaintiffs are, and for more than twenty years past, have been, an ecclesiastical society, duly incorporated, and located in Neiv-Haven in this state.
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Tins was an action of assumpsit, in two counts ; the first, general, for money had and received for the plaintiffs’ use ; the second, special, for the amount of 72 shares of stock, subscribed by the plaintiffs, and demanded of the defendants, after six months notice of their intention to withdraw them. The plaintiffs are, and for more than twenty years past, have been, an ecclesiastical society, duly incorporated, and located in Neiv-Haven in this state. In pursuance of the provisions in the charter of the Eagle Bank, authorizing subscriptions from the funds of any ecclesiastical society in…
1Opinion of the Court
Hosmer, Ch. J.
The contestation of the parties is merely this. The plaintiffs contend, that they, by virtue of their, subscription, became neither stockholders in the Eagle Bank, nor a part of the body politic or corporation ; but on their giving notice of their intention to withdraw their shares, their original *469investment, from that time at least, was converted into a legal debt. On the other hand, the defendants insist, that the plaintiffs, by their subscription, became stockholders, and a part of the body politic or corporation ; and of consequence, the bank being utterly insolvent, they…
2Cases cited1 opinion
- Curtis v. HurlburtSupreme Court of Connecticut · 1817
3Cited by16 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- State v. GerhardtIndiana Supreme Court · 1896
- Kelly v. DeweySupreme Court of Connecticut · 1930
- Prather v. Jeffersonville, Madison & Indianapolis RailroadIndiana Supreme Court · 1875
- State v. FredericksonSupreme Judicial Court of Maine · 1905
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