Mt. Washington Hotel Co. v. Redington
Supreme Court of New Hampshire
Assumpsit. The writ contains the common counts for money lent and advanced; money paid, laid out, and expended ; money had and received; interest; goods sold and delivered; and labor done and material furnished.
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Assumpsit. The writ contains the common counts for money lent and advanced; money paid, laid out, and expended ; money had and received; interest; goods sold and delivered; and labor done and material furnished. The plaintiff moves to amend by adding two counts, as follows : Also, for that on the eighth day of April, 1872, at said Haverhill, the said Mount Washington Hotel Company contemplated the erection of a hotel in the town of Carroll, in our county of Cods, and in view of that fixed its capital stock at two hundred thousand dollars, in shares of one hundred dollars each ; and on the…
1Concurrence
I am also of the opinion that neither of the new counts proposed by way of amendment in this case can be allowed. The first clearly sets up all entirely new and different cause of action, namely, the breach of a special contract to take and pay for fifty shares of stock in the plaintiff company, according to the terms of that contract. The second, which is in effect for not accepting the same number of shares bargained and sold, would seem to come very nearly if not quite within the doctrine of Bailey v. Smith, 43 N.H. 409, if shares in such a corporation could for this purpose be properly…
2Cases cited1 opinion
- Bailey v. SmithSupreme Court of New Hampshire · 1861