Loring v. Salisbury Mills
Massachusetts Supreme Judicial Court
Tout for an illegal issuing of certificates of stock by the defendant corporation. Writ dated December 30, 1872. At the trial in this court, before Morton, J., without a jury, the following facts appeared: On March 10, 1853, an indenture was executed by Elizabeth B. Crowninshield of the first part, Francis B. Crowninshield, trustee, of the second part, and William Mountford of the third part, reciting that a marriage was intended shortly to be had ana solemnized between the…
Read the full summary
Tout for an illegal issuing of certificates of stock by the defendant corporation. Writ dated December 30, 1872. At the trial in this court, before Morton, J., without a jury, the following facts appeared: On March 10, 1853, an indenture was executed by Elizabeth B. Crowninshield of the first part, Francis B. Crowninshield, trustee, of the second part, and William Mountford of the third part, reciting that a marriage was intended shortly to be had ana solemnized between the parties of the first and third parts, and by the terms of which Elizabeth B. conveyed to Francis certain personal…
1Opinion of the CourtGray, C. J.
This suit cannot be maintained by this plaintiff in its present form. Whether it is considered in the nature of an action of trover, or in the nature of an action on the case for negligence, it is for an injury to the trust property while the legal title thereof was in Rogers. Before the appointment of the plaintiff as trustee, that title had passed to bond fide purchasers, and the claim against the corporation for the damages thereby occasioned was but a chose in action, which could not be transferred by mere act of parties, without the assent of the defendant, so as to enable the assignee…
2Cases cited7 opinions
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Duncan v. JaudonSupreme Court of the United States · 1873
- Elliott v. HaydenMassachusetts Supreme Judicial Court · 1870
- Pratt v. Taunton Copper Manufacturing Co.Massachusetts Supreme Judicial Court · 1877
- Salisbury Mills v. TownsendMassachusetts Supreme Judicial Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1939
- State v. WardSupreme Court of Vermont · 1888
- O'Herron v. GrayMassachusetts Supreme Judicial Court · 1897
- Geyser-Marion Gold-Min. Co. v. StarkCourt of Appeals for the Eighth Circuit · 1901
- St. Romes v. Levee Steam Cotton Press Co.Supreme Court of the United States · 1888
31 more not listed; retrieve them via the Exa API.