Chester Glass Co. v. Dewey
Massachusetts Supreme Judicial Court
Assumpsit to recover the original amount or price of a share in the stock of the said company, and also the assessments laid on the said share ; and it is alleged in the declaration, that the defendant agreed to take the said share, and promised to pay the said original amount, and all the assessments. The plaintiffs also claim another sum for goods sold and delivered by them to the defendant.
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Assumpsit to recover the original amount or price of a share in the stock of the said company, and also the assessments laid on the said share ; and it is alleged in the declaration, that the defendant agreed to take the said share, and promised to pay the said original amount, and all the assessments. The plaintiffs also claim another sum for goods sold and delivered by them to the defendant. On the general issue pleaded and joined, trial was had before Jackson, J., at the last April term in Hampden; when the plaintiffs produced certain articles of association or agreement, dated May 7th,…
1Opinion of the CourtParker, C. J.
The objections taken to the verdict are, first, that there is no contract with the corporation, which renders the defendant liable as a member, or entitles him to a share in the stock; that the written paper, signed by the defendant, was made before the company was incorporated, and was, therefore, a contract only with the individuals. But the answer given to this * objection is sufficient, viz. that the act incorporates all [ * 101 ] who might afterwards associate, as well as those who had then associated. The defendant, in fact, signed the paper after the act had passed ; but he must be…
2Cited by80 opinions
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- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
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