Legal Opinion

Haynes v. Brown

Supreme Court of New Hampshire

Decided July 15, 1858Published

In Assumpsit. The declaration contained three counts. The first alleged that on the 10th day of August, 1855, there was a corporation established by law, in the State of ifew-Hampshire, called the Manchester Car and Machine Works; that said corporation was incorporated by an act of the legislature passed July 15, 1854, and had for its object a dividend of profits among its stockholders ; that on said 10th day of August, 1855, the defendant was, and for a long time previous…

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In Assumpsit. The declaration contained three counts. The first alleged that on the 10th day of August, 1855, there was a corporation established by law, in the State of ifew-Hampshire, called the Manchester Car and Machine Works; that said corporation was incorporated by an act of the legislature passed July 15, 1854, and had for its object a dividend of profits among its stockholders ; that on said 10th day of August, 1855, the defendant was, and for a long time previous thereto had been, a stockholder of said corporation; that on said 10th day of August, 1855, at said Manchester, to wit,…

1Opinion of the CourtBell, J.

On the motion for a nonsuit the question arises whether competent evidence was presented to the jury, on which they could be justified in finding a verdict for the plaintiff.

1. Was there competent evidence of the existence of the corporation, as alleged ?

*561“ The existence of a corporation, incorporated by private .act, may be shown, either by an exemplified copy of an act, authenticated by affixing thereto the seal of the State, without other proof; by a sworn copy of the same, or by admission ; all such proof being accompanied by proof of acts of user under the act or charter.” Ang. & Am.…

2Cases cited7 opinions

  1. Duke v. Cahawba Navigation Co.Supreme Court of Alabama · 1846
  2. McFarlan v. Triton InsuranceNew York Supreme Court · 1847
  3. Conn v. PennSupreme Court of the United States · 1820
  4. President of the Highland Turnpike Co. v. M'KeanNew York Supreme Court · 1813
  5. People ex rel. Platt v. President of the Oakland County BankMichigan Supreme Court · 1844

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