Legal Opinion

Wallingford Manufacturing Co. v. Fox

Supreme Court of Vermont

Decided February 15, 1840PublishedCited by 2 opinions

Assumpsit,to recover three assessments upon certain shares of the capital stock of the Wallingford Manufacturing Company, alleged to belong to the defendant. Plea, non-assumpsit. The case came before the county court upon the following case stated.

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Assumpsit,to recover three assessments upon certain shares of the capital stock of the Wallingford Manufacturing Company, alleged to belong to the defendant. Plea, non-assumpsit. The case came before the county court upon the following case stated. The defendant, and some thirty other persons, on the seventh day of February, 1S37, made and entered into an agreement, in writing, and thereby formed themselves into a company, under the name of the Wallingford Manufacturing Company for the purpose of manufacturing and selling wollen and cotton cloths, or either of them, and for the transaction of…

1Opinion of the Court

The opinion of t'he court' was delivered by'

Williams,J.

— The plaintiffs were incorporated in November, 1838, and bring this action to recover three assessments on certain shares of the capital stock, alleged-to belong to the defendant. One of the assessments, only-,-was made after the act of incorporation.- If the plaintiffs cart recover this'assess*309menf, it is not' very- material whether the recovery can embrace the two former, as' by making a new one, according to the tenor of their by-laws, they can obtain the same result as they could by a recovery in this action. It appears that certain…

2Cited by2 opinions

  1. Chater v. S.F. Sugar Ref. Co.California Supreme Court · 1861
  2. Low v. Connecticut & Passumpsic Rivers RailroadSupreme Court of New Hampshire · 1864

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