Legal Opinion

Ashuelot Boot & Shoe Co. v. Hoit

Supreme Court of New Hampshire

Decided March 21, 1876Published

From Cheshire Circuit Court. Assumpsit. Tried before Ladd, J., and a jury. Plea, the general issue. The declaration is as follows: “For that the said defendants, at said Keene, heretofore, to wit, on the twentieth day of April, A. D. 1871, in consideration that the said plaintiffs would organize and form under the General Statutes of New Hampshire a corporation for the purpose of manufacturing boots and shoes in the town of Keene aforesaid, with a paid up capital of not less…

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From Cheshire Circuit Court. Assumpsit. Tried before Ladd, J., and a jury. Plea, the general issue. The declaration is as follows: “For that the said defendants, at said Keene, heretofore, to wit, on the twentieth day of April, A. D. 1871, in consideration that the said plaintiffs would organize and form under the General Statutes of New Hampshire a corporation for the purpose of manufacturing boots and shoes in the town of Keene aforesaid, with a paid up capital of not less than fifty thousand dollars divided into shares of one hundred dollars each, and that one T. H. Leverett would, in…

1Opinion of the Court

FROM CHESHIRE CIRCUIT COURT. Let us first examine, and see what the contract relied on was. It was a mutual agreement, on the part of nineteen individuals and firms, to subscribe for stock in a corporation to be thereafter organized, for certain purposes and upon certain conditions therein named. It then contained an agreement, claimed to be binding on the defendants, by which they, in consideration of the fact that these nineteen individuals and firms had agreed to take stock as therein set forth, agreed to contribute or pay in cash one thousand dollars. Was this agreement, so far as the…

2Cases cited4 opinions

  1. Chester Glass Co. v. DeweyMassachusetts Supreme Judicial Court · 1819
  2. Lake Ontario, Auburn & New-York Railroad v. MasonNew York Court of Appeals · 1857
  3. Low v. Connecticut & Passumpsic Rivers RailroadSupreme Court of New Hampshire · 1864
  4. Low v. Connecticut & Passumpsic Rivers RailroadSupreme Court of New Hampshire · 1865

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