Anderson v. Scott
Supreme Court of New Hampshire
Assumpsit, to recover upon the following agreement, to which each of the defendants subscribed: “We the undersigned subscribe for the number of shares (at fifty dollars each) set opposite our names, for the purpose of pubhshing a New Hampshire morning Republican paper, to be located at Nashua, subscriptions to be paid 25 per cent quarterly from Oct. 1, 1891. The capital stock must be not less than $30,000.” In furtherance of the purpose expressed, a corporation was formed in…
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Assumpsit, to recover upon the following agreement, to which each of the defendants subscribed: “We the undersigned subscribe for the number of shares (at fifty dollars each) set opposite our names, for the purpose of pubhshing a New Hampshire morning Republican paper, to be located at Nashua, subscriptions to be paid 25 per cent quarterly from Oct. 1, 1891. The capital stock must be not less than $30,000.” In furtherance of the purpose expressed, a corporation was formed in December, 1891, with a capital “fixed at $40,000, of which $39,000 was subscribed for on the book, and three…
1Opinion of the CourtPike, J.
One ground of the defendants’ exception was that testimony was introduced from which the jury could properly find that their subscriptions were obtained through fraud. It did not appear that Towner had authority to act for the plaintiffs in soliciting the subscriptions, but a ratification is equivalent to previous authority (Clough v. Davis, 9 N. H. 500, 502; Davis v. School District, 44 N. H. 398, 407; Springfield v. Drake, 58 N. H. 19, 21; O’Neil v. Dunn, 63 N. H. 393, 395), and the bringing of these suits upon the subscriptions obtained by him was a ratification of his acts in obtaining…
2Cases cited5 opinions
- Springfield v. DrakeSupreme Court of New Hampshire · 1876
- Messer v. SmythSupreme Court of New Hampshire · 1879
- Shattuck v. RobbinsSupreme Court of New Hampshire · 1896
- O'Neil v. DunnSupreme Court of New Hampshire · 1885
- Presby v. ParkerSupreme Court of New Hampshire · 1876
3Cited by4 opinions
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- Orlando v. Illinois Central R. R. Co.Louisiana Court of Appeal · 1904