Windram v. French
Massachusetts Supreme Judicial Court
Tort brought by Harold W. Windram, described in the writ as of Needham, and as having his usual place of business in Boston, against Peter W. French and Emil C. Hammer.
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Tort brought by Harold W. Windram, described in the writ as of Needham, and as having his usual place of business in Boston, against Peter W. French and Emil C. Hammer. The plaintiff’s declaration was as follows: “ The plaintiff says that the defendants, with certain other persons, undertook, in December, 1887, to form a company or association under the laws of the State of New Hampshire, to be called the ‘Wire Fabric Rubber Company,’ and filed in the office of the Secretary of State of said State certain articles of agreement necessary to form, such corporation. And the plaintiff further…
1Opinion of the CourtHolmes, J.
It appears from the declaration that the defendants knowingly and fraudulently signed, as president and treasurer respectively, and issued, invalid certificates of stock in a New Hampshire corporation, which were afterwards acquired by the plaintiff in good faith and for value in Massachusetts. The certificates were in the usual form of stock certificates, and bore upon their face the words, “ Incorporated under the Laws of the State of New Hampshire. Non-assessable.” There is no doubt that by thus authenticating and issuing the certificates the defendants made certain representations which…
2Cases cited8 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Bank v. LanierSupreme Court of the United States · 1871
- Hocker v. GentryCourt of Appeals of Kentucky · 1861
- Safford v. GroutMassachusetts Supreme Judicial Court · 1876
- Bruff v. . MaliNew York Court of Appeals · 1867
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3Cited by48 opinions
- Gabriel v. BorowyMassachusetts Supreme Judicial Court · 1949
- Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
- National Shawmut Bank v. JohnsonMassachusetts Supreme Judicial Court · 1945
- Burns v. DockrayMassachusetts Supreme Judicial Court · 1892
- MacDonald v. Reich & Lievre, Inc.California Court of Appeal · 1929
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