Trefethen v. Amazeen

The bill is wrongly entitled “Petition for Declaratory Judgment and Injunction” as the statutory remedy of petition for a declaratory judgment is not available when the rights of the parties can be determined by other proceedings. Webster v. Hubley, 92 N. H. 431.

The validity of a contract between stockholders is to be determined by the effects of its provisions. In Bowditch v. Company, 76 N. H. 351, this Court upheld a stockholders’ agreement for a voting trust applying as a test the conclusions that there was no wrong to the corporation, no special benefit to the parties to the contract and…