Mann v. Chandler
Massachusetts Supreme Judicial Court
Assumpsit, “ for that the said G. L. C., at, &c., on the 30th day of December, in the year of our Lord one thousand eight hundred and five, by his note under his hand of that date, for value received, by the name and style of G. L. C., treasurer of the Dorchesfei Turnpike Corporation, promised, for himself and successors in office, to pay the said Seth Mann, or bearer, 125 dollars on demand, with interest till paid; and the said G. L. C. thereby became liable, and in…
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Assumpsit, “ for that the said G. L. C., at, &c., on the 30th day of December, in the year of our Lord one thousand eight hundred and five, by his note under his hand of that date, for value received, by the name and style of G. L. C., treasurer of the Dorchesfei Turnpike Corporation, promised, for himself and successors in office, to pay the said Seth Mann, or bearer, 125 dollars on demand, with interest till paid; and the said G. L. C. thereby became liable, and in consideration thereof, then and there undertook and promised the said Seth Mann, to pay him, or bearer, the same sum on demand,…
1Opinion of the Court
By the Court.
This case is clearly distinguishable from the case of Tippets vs. Walker & Al., in Middlesex. (1) There the contract was under the seals of the defendants, *and *303they produced no authority to bind the corporation. Here it cannot be doubted the corporation is itself liable. The consideration moved wholly from them. It is very apparent that the plaintiff did not, at the time of' receiving the notes, look to the defendant’s personal security-. The whole transaction was on behalf of the corporation. Their property is liable, and the defendant is not. Judgment must be entered for the…
2Cases cited4 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- Tippets v. WalkerMassachusetts Supreme Judicial Court · 1808
- Tucker v. BassMassachusetts Supreme Judicial Court · 1809
3Cited by21 opinions
- Medway Cotton Manufactory v. AdamsMassachusetts Supreme Judicial Court · 1813
- Long v. ColburnMassachusetts Supreme Judicial Court · 1814
- Tucker Manufacturing Co. v. FairbanksMassachusetts Supreme Judicial Court · 1867
- Miller v. RoachMassachusetts Supreme Judicial Court · 1889
- Devendorf v. West Virginia Oil & Oil Land Co.West Virginia Supreme Court · 1880
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