Machias Hotel Co. v. Coyle
Supreme Judicial Court of Maine
On Facts agreed. Assumpsit. The writ contained a special count upon the defendant’s promise, and also the common money counts. Some of the inhabitants of Machias associated, with a view to get a public hotel established in that town, and procured subscribers in aid of that purpose.
Read the full summary
On Facts agreed. Assumpsit. The writ contained a special count upon the defendant’s promise, and also the common money counts. Some of the inhabitants of Machias associated, with a view to get a public hotel established in that town, and procured subscribers in aid of that purpose. The paper subscribed was in the following form: — “ The undersigned, being impressed with the absolute necessity of providing a suitable building in this village to accommodate the public as a hotel, hereby promise and agree to pay to such person as those who become subscribers hereto, shall hereafter appoint as…
1Opinion of the Court
Shepley, G. J.
— The subscribers to the paper, bearing date on Aug. 4, 1851, associated for the purpose of building *410a hotel. Each agreed to take and pay for a certain number of shares to such person as should be appointed their treasurer. The paper is wholly silent respecting any design of the subscribers to become a body corporate. It contains no authority for any one to make application for an Act of incorporation or any authority for the subscribers to vote or act upon that subject.
By an Act, approved on Feb. 18, 1852, some of the subscribers were incorporated by the name of the Machias…
2Cited by1 opinion
- Wheeler v. Floral Mill & Mining Co.Nevada Supreme Court · 1874