Hackett v. Boston & Maine Railroad

It was decided in Hackett v. Railroad, ante, 45 that R. L., c. 296, s. 25, et seq as construed in Perkins v. Company, 90 N. H. 534, 536 entitled a dissenting stockholder of a railroad corporation to an appraisal of the value of the stock upon the sale and transfer of its assets to another railroad. Plaintiff claims that the decision in the first transfer of this case {ante, 45) is res judicata of the defense of estoppel raised in this proceeding. As the defendant correctly points out, this is not so for several reasons: “No issue of estoppel was presented by the pleadings, argued by…