Legal Opinion

Paphro D. Pike Co. v. Baty

Supreme Court of New Hampshire

Decided December 5, 1898PublishedCited by 2 opinions

Assumpsit, for goods sold and delivered. Set-off, for labor and materials furnished. The plaintiffs were organized under the general laws of Massachusetts in 1895, as a corporation located in Boston, with a capital of'$10,000, for the purpose of manufacturing and dealing in plumbers’ materials and supplies, and acquiring patent rights and real estate as they might desire for the business. Theodore A. Peart, Fred II.

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Assumpsit, for goods sold and delivered. Set-off, for labor and materials furnished. The plaintiffs were organized under the general laws of Massachusetts in 1895, as a corporation located in Boston, with a capital of'$10,000, for the purpose of manufacturing and dealing in plumbers’ materials and supplies, and acquiring patent rights and real estate as they might desire for the business. Theodore A. Peart, Fred II. Bounds, and Paphro D. Pike were the directors of the corporation in the latter part of 1896 and the early part of 1897; and Pike was the president until January 16, and the…

1Opinion of the CourtChase, J.

There was competent evidence before the jury from which they might properly have found that Pike was authorized by the plaintiffs to sell the goods named in the specification to the defendant, upon the terms alleged by him. One of the purposes of the corporation’s existence was to manufacture plumbers’ supplies, and it had authority to acquire real estate for Its uses. Pike was one of its three directors, and was also its president, treasurer, and apparently general manager. January 17, 1897, its stockholders unanimously voted to sell all the stock and assets of the corporation to the new…

2Cases cited1 opinion

  1. Caverly v. BalcomSupreme Court of New Hampshire · 1875

3Cited by2 opinions

  1. Atto v. SaundersSupreme Court of New Hampshire · 1915
  2. Perry v. HardySupreme Court of New Hampshire · 1901

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