Howe v. Starkweather
Massachusetts Supreme Judicial Court
Assumpsit against the defendant, as treasurer of the Third Massachusetts Turnpike Corporation, for the amount of several dividends of the toll, accruing upon certain shares in the turnpike, of which the plaintiff claims to be the owner. By the act establishing the said corporation (1), it is provided that the shares in the turnpike shall be taken, deemed and considered as uersonal estate to all intents and purposes.
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Assumpsit against the defendant, as treasurer of the Third Massachusetts Turnpike Corporation, for the amount of several dividends of the toll, accruing upon certain shares in the turnpike, of which the plaintiff claims to be the owner. By the act establishing the said corporation (1), it is provided that the shares in the turnpike shall be taken, deemed and considered as uersonal estate to all intents and purposes. And such shares may be attached, and “ may be sold on execution, in the same manner as is or may by law be provided for the sale of personal property by execution ; ” a copy of…
1Opinion of the CourtParker, C. J.
We think that the general statute of 1804, c. 83, ought to have been observed in making the sale upon the execution in favor of Bridge, notwithstanding the provision in the act establishing this turnpike corporation. For it was intended to have a retroactive operation; and the fifth section provides expressly, that a sale made in this way only shall be good, notwithstanding a different mode may have been provided in the several acts of incorporation.
* The case relied upon for the defendant to show that [ * 243 ] the officer did right in pursuing the provisions of the act of incorporation,…
2Cases cited1 opinion
- Titcomb v. Union Marine & Fire InsuranceMassachusetts Supreme Judicial Court · 1811
3Cited by15 opinions
- Lipscomb's Adm'r v. CondonWest Virginia Supreme Court · 1904
- Greene v. JohnstonSupreme Court of Delaware · 1953
- Van Norman v. Circuit JudgeMichigan Supreme Court · 1881
- Bank of St. Mary's v. StateSupreme Court of Georgia · 1853
- Fowler v. DicksonSuperior Court of Delaware · 1909
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