Kennebec & Portland Rail Road v. Kendall
Supreme Judicial Court of Maine
This case was submitted to the court upon a report of facts agreed. It was assumpsit upon the following paper, signed by the defendant and many others; viz : —- “We hereby agree to subscribe to the stock in the Kennebec and Portland Railroad Company, the number of shares, at $100 each, set against our names, including our former subscription.” “Augusta, Oct. 28, 1846.” Against the defendant’s name was written the number, “ twelve.”
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This case was submitted to the court upon a report of facts agreed. It was assumpsit upon the following paper, signed by the defendant and many others; viz : —- “We hereby agree to subscribe to the stock in the Kennebec and Portland Railroad Company, the number of shares, at $100 each, set against our names, including our former subscription.” “Augusta, Oct. 28, 1846.” Against the defendant’s name was written the number, “ twelve.” The plaintiffs were incorporated by an Act, passed 1836, to which additional Acts were passed in 1841, 1845, and on July 16, 1846. By the charter, the corporation…
1Opinion of the CourtShv.px.et, C. J.
This action has been commenced to recover the amount remaining unpaid of assessments made upon twelve shares of the stock of the corporation after a sale of them at auction. The defendant denies, that he became the owner of those shares; that the proceedings were legal, by which the assessments were made and the shares sold; and if they were, that he is personally liable to pay any balance remaining unpaid. The last objection will be first considered.
*474Admitting, for this purpose, that he became an owner of the stock, and that all the proceedings respecting the assessment and sale were legal,…
2Cases cited10 opinions
- Andover & Medford Turnpike Corp. v. GouldMassachusetts Supreme Judicial Court · 1809
- President of the Goshen & Minisink Turnpike Road v. HurtinNew York Supreme Court · 1812
- In re the election of Directors of the Long Island RailroadNew York Supreme Court · 1837
- Hartford & New-Haven Rail Road v. KennedySupreme Court of Connecticut · 1838
- Herkimer Manufacturing & Hydraulic Co. v. SmallNew York Supreme Court · 1839
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3Cited by2 opinions
- Ireland v. Globe Milling Co.Supreme Court of Rhode Island · 1898
- National Union v. SawyerDistrict of Columbia Court of Appeals · 1914