Cole v. Lake Co.
Supreme Court of New Hampshire
In Equity. The plaintiff’s bill is as follows: Benjamin J. Cole, of Gilford, in said county, complains against the Winnipisseogee Lake Cotton and Woolen Manufacturing Company, a corporation duly established by law, and doing business at Lake Village, in said county of Belknap, and says: 1. That just prior to and on the twenty-third day of November, 1852, the plaintiff and John A. Cole and John Davis, 2d, who were then partners in the business under the name of Cole, Davis &…
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In Equity. The plaintiff’s bill is as follows: Benjamin J. Cole, of Gilford, in said county, complains against the Winnipisseogee Lake Cotton and Woolen Manufacturing Company, a corporation duly established by law, and doing business at Lake Village, in said county of Belknap, and says: 1. That just prior to and on the twenty-third day of November, 1852, the plaintiff and John A. Cole and John Davis, 2d, who were then partners in the business under the name of Cole, Davis & Co., were in the occupation of a certain lot of land belonging to the defendants, situated at Lake Village, and of the…
1Opinion of the Court
*Ladd, J.
The first objection is, that the necessary parties were not before the court in the outset; that John A. Cole and John Davis, 2d, being parties to the indenture, ought to have been made parties to the bill.
We think this objection cannot prevail. The case shows that Davis, for a valuable consideration, transferred and assigned to the plaintiff all his right, title, and interest in the indenture, December 18, 1856 ; and J. A. Cole in the same manner assigned his interest therein to the plaintiff, September 9, 1857. This shows conclusively that neither Davis nor J. A. Cole now have any…
2Cases cited1 opinion
- Day v. CummingsSupreme Court of Vermont · 1847
3Cited by7 opinions
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- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
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