Ossipee Hosiery & Woolen Manufacturing Co. v. Canney
Supreme Court of New Hampshire
Assumpsit, by the Ossipee Hosiery and Woolen Manufacturing Company against Havillah D. Canney, for an assessment made by the plaintiffs upon the defendant as a stockholder in the plaintiff corporation for the purpose of paying the corporate debts under Gen. Stats., ch. 186, sec. 4. In impannelling a jury, the plaintiffs peremptorily challenged one juror and the defendant one; the plaintiffs then passed the list to the defendant without exercising the right of second…
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Assumpsit, by the Ossipee Hosiery and Woolen Manufacturing Company against Havillah D. Canney, for an assessment made by the plaintiffs upon the defendant as a stockholder in the plaintiff corporation for the purpose of paying the corporate debts under Gen. Stats., ch. 186, sec. 4. In impannelling a jury, the plaintiffs peremptorily challenged one juror and the defendant one; the plaintiffs then passed the list to the defendant without exercising the right of second challenge; the defendant challenged a second time; the court then allowed the plaintiffs to challenge the juror drawn to take…
1Per curiam
I. This is an action in the name of an insolvent corporation, to collect an assessment levied for the purpose of paying their debts. The creditors of the corporation are the parties likely to be *312principally benefited by a recovery in this suit. Although the action is not prosecuted in the name of an assignee or receiver, we think the interest of the creditors is to be so far regarded, that no defence grounded on defects in the plaintiffs’ organization can be maintained in this suit, unless it could have been successfully set up in answer to a creditor’s bill against the stockholders to…
2Cases cited13 opinions
- Monument National Bank v. Globe WorksMassachusetts Supreme Judicial Court · 1869
- Methodist Episcopal Union Church v. . PickettNew York Court of Appeals · 1859
- Eaton v. . AspinwallNew York Court of Appeals · 1859
- Utica Insurance v. BloodgoodNew York Supreme Court · 1830
- New York Firemen Insurance v. ElyNew York Supreme Court · 1824
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