Legal Opinion

Little v. Obrien

Massachusetts Supreme Judicial Court

Decided November 15, 1812PublishedCited by 27 opinions

Assumpsit by the plaintiff, as endorsee of a promissory note for 500.dollars, dated December 1, 1808, subscribed by the defendant, payable in sixty-five days to Joseph Obrien or order, and by him endorsed to the plaintiff.

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Assumpsit by the plaintiff, as endorsee of a promissory note for 500.dollars, dated December 1, 1808, subscribed by the defendant, payable in sixty-five days to Joseph Obrien or order, and by him endorsed to the plaintiff. The action came before the Court on a case stated by the parties to the following effect, April term, 1810 : — The Union Fire and Marine Insurance Company oj Newburyport was incorporated by an act passed February 27, 1807, (1) by the ninth section of which it is enacted “ that the said company shall not, directly or indirectly, deal or trade in buying or selling any goods,…

1Opinion of the Court

By the Court.

The principal objection urged against the plain tiff’s recovery, in this case, arose out of the provisions of the act incorporating the Union Marine and Fire Insurance Company, by which it was required that their capital stock should, within six months after payment, be invested in the funded debt of the United States, or of this commonwealth, or in the stock of some incorporated banking company. From the facts in the case agreed, it appears that, instead of such investment, the company received of the several stockholders their respective promissory notes, with collateral…

2Cited by27 opinions

  1. Nisbet v. LawsonSupreme Court of Georgia · 1846
  2. Lowell v. BickfordMassachusetts Supreme Judicial Court · 1909
  3. National Pemberton Bank v. PorterMassachusetts Supreme Judicial Court · 1878
  4. Southern Life Insurance & Trust Co. v. LanierSupreme Court of Florida · 1853
  5. Jump v. LeonMassachusetts Supreme Judicial Court · 1906

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