Legal Opinion
Coulombe v. Eastman
Supreme Court of New Hampshire
Decided October 6, 1914Published
Debt, to recover a forfeiture under section 4, chapter 151, Public Statutes. After the suit was brought the defendant died, and his executors, having been cited in to defend, moved that the action be dismissed upon the ground that it was brought to recover a penalty and for that reason does not survive. The question thus presented was transferred without a ruling from the December term, 1913, of the superior court by Chamberlin, J. (
1Opinion of the CourtWalker, J.
“ Upon demand of payment of a debt of a corporation being made, if the same shall not at once be paid, or unimcumbered personal property sufficient to satisfy it be exposed, the officers of the corporation shall forthwith call a meeting of the stockholders to provide means for its payment, by assessments upon themselves or otherwise, within sixty days from the date of the demand. If an officer whose duty it may be to call such meeting shall unreasonably neglect or refuse to call the same, he shall forfeit one thousand dollars, to be recovered in an action of debt by any person injured.” P.…
2Cases cited5 opinions
- State v. McConnellSupreme Court of New Hampshire · 1899
- Noyes v. EdgerlySupreme Court of New Hampshire · 1902
- State v. RyanSupreme Court of New Hampshire · 1899
- Bartlett v. MansfieldSupreme Court of New Hampshire · 1913
- Hibbard v. Parmenter & Polsey Fertilizer Co.Supreme Court of New Hampshire · 1899