York & Cumberland Railroad v. Ritchie
Supreme Judicial Court of Maine
On Report from Nisi Prius, Howard, J., presiding. Assumpsit, to recover of defendant as an alleged subscriber for three shares of plaintiffs’ stock, the balance due on such shares, after their sale at auction for non-payment of assessments thereon, with costs of sale. A subscription book was offered in evidence, upon which was found the defendant’s name, with the figure 3 set against it.
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On Report from Nisi Prius, Howard, J., presiding. Assumpsit, to recover of defendant as an alleged subscriber for three shares of plaintiffs’ stock, the balance due on such shares, after their sale at auction for non-payment of assessments thereon, with costs of sale. A subscription book was offered in evidence, upon which was found the defendant’s name, with the figure 3 set against it. Upon the question whether the defendant signed this paper, there was much conflicting testimony. The records of the directors as to the assessments made, being to the amount of §50, on each share, were…
1Opinion of the CourtTenney, J.
The defendant denies having become a party to the contract, on which this action is attempted to be maintained. Upon the question of fact, whether he executed the contract or not, the testimony is conflicting, and not easily reconcilable. It is further insisted by the defendant, that if he did execute the agreement, that the company have failed to take the steps necessary to furnish a basis for this suit.
We have no occasion to decide this question of fact. Upon the assumption, that the defendant did become a party to the contract, as alleged in the writ, the company cannot prevail, upon the…
2Cited by1 opinion
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