Kelley v. Newburyport & Amesbury Horse Railroad
Massachusetts Supreme Judicial Court
Contract upon certain promissory notes, alleged to have been made by the defendant corporation, payable to the order of E. G. Kelley and William C. Binney, and indorsed to the plaintiff. At the trial in the Superior Court, before Blodgett, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtC. Allen, J.
The first ground of defence is, that, by virtue of the St. of 1871, c. 381, § 6, the defendant was forbidden to build its road until a certificate had been filed in the office of the Secretary of the Commonwealth, signed and sworn to by the president, treasurer, clerk, and a majority of the directors, stating that the whole amount of the capital stock had been unconditionally subscribed for by responsible parties, and that fifty per cent of the par value of each share of the same had been actually paid into its treasury in cash. It appeared by the auditor’s report that such a certificate was…
2Cases cited11 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Whitney v. WymanSupreme Court of the United States · 1880
- Harris v. RunnelsSupreme Court of the United States · 1851
- Gold-Mining Co. v. National BankSupreme Court of the United States · 1878
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3Cited by46 opinions
- Spiegel v. Beacon Participations, Inc.Massachusetts Supreme Judicial Court · 1937
- Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
- Mulloney v. United StatesCourt of Appeals for the First Circuit · 1935
- Kidder v. GreenmanMassachusetts Supreme Judicial Court · 1933
- Union Old Lowell National Bank v. PaineMassachusetts Supreme Judicial Court · 1945
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