Legal Opinion

Chase v. President of Merrimack Bank

Massachusetts Supreme Judicial Court

Decided May 15, 1838Published

Tfiis was an action to recover a dividend declared by the Métrimack Bank, cri the 5th of October, 1835, A,On"á case stated it appeared, that ever since the 6th of April, 1835, the plaintiff has been the owner of three shares in the bank and entitled to the dividend thereon, unless the following facts show that he was divested of the shares. The dividend was duly demanded of the cashier.

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Tfiis was an action to recover a dividend declared by the Métrimack Bank, cri the 5th of October, 1835, A,On"á case stated it appeared, that ever since the 6th of April, 1835, the plaintiff has been the owner of three shares in the bank and entitled to the dividend thereon, unless the following facts show that he was divested of the shares. The dividend was duly demanded of the cashier. On the 9th of April, 1831, the plaintiff resided in Haverhill, but not within the limits of the North Parish. The North Parish was a territorial parish. The plaintiff removed into that territory in June 1832.…

1Opinion of the Court

Wilde J.

afterward drew up the opinion of the Court. This case has been very ably argued, and if the principal question raised were now to be decided for the first time, it might be necessary to enter into the discussion of the principles on which it depends, more fully than we now deem it necessary to do. The question is whether, on an execution against a town or parish, the body or estate of any inhabitant may be lawfully taken to satisfy it. The question appears to have been settled in the affirmative by a series of decisions, and ought no longer to be considered as an open question.

It is…

Also in this document: Per curiam.

2Cases cited3 opinions

  1. Marcy v. ClarkMassachusetts Supreme Judicial Court · 1821
  2. Inhabitants of Brewer v. Inhabitants of New GloucesterMassachusetts Supreme Judicial Court · 1817
  3. Whittemore v. SmithMassachusetts Supreme Judicial Court · 1821

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