Taunton & South Boston Turnpike Corp. v. Whiting
Massachusetts Supreme Judicial Court
The declaration was in case, for that by an act or law of this commonwealth, passed the 4th day of June, 1806, the defendant, with certain others in the said act named, and their associates, were constituted a corporation for the purpose of laying out, making, and keeping in repair, a certain turnpike road in the said act described ; and after the said corporation had been duly organized, viz., on the 9th day of August, 1806, the defendant, by his note or memorandum in…
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The declaration was in case, for that by an act or law of this commonwealth, passed the 4th day of June, 1806, the defendant, with certain others in the said act named, and their associates, were constituted a corporation for the purpose of laying out, making, and keeping in repair, a certain turnpike road in the said act described ; and after the said corporation had been duly organized, viz., on the 9th day of August, 1806, the defendant, by his note or memorandum in writing of that date, by him subscribed, in consideration that the said corporation had been established as aforesaid, and…
1Opinion of the CourtSewall, J.
In this action, the special promise of the defendant is alleged to this effect, — that he will take four shares in the turnpike road then about to be located and made, and will pay, on demand, to J. G., or order, all assessments that may at any time be made by the corporation, for the purpose of laying out the road, making and keeping the same in repair, and for damages to individuals for land, &c., provided said road is laid out, &c. The plaintiffs aver a road laid out according to this proviso ; and assess ments at several times, to a certain amount upon each share, for the purposes…
2Cases cited9 opinions
- Chester Glass Co. v. DeweyMassachusetts Supreme Judicial Court · 1819
- Dutchess Cotton Manufactory v. DavisNew York Supreme Court · 1817
- Trustees of Farmington Academy v. AllenMassachusetts Supreme Judicial Court · 1817
- Trustees of Phillips Limerick Academy v. DavisMassachusetts Supreme Judicial Court · 1814
- Gilmore v. PopeMassachusetts Supreme Judicial Court · 1809
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3Cited by20 opinions
- Merrimac Chemical Co. v. MooreMassachusetts Supreme Judicial Court · 1932
- Gilmore v. PopeMassachusetts Supreme Judicial Court · 1809
- Selma & Tennessee Rail Road v. TiptonSupreme Court of Alabama · 1843
- Worcester Turnpike Corp. v. WillardMassachusetts Supreme Judicial Court · 1809
- Whitehurst v. BoydSupreme Court of Alabama · 1845
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