New Bedford & Bridgewater Turnpike Corp. v. Adams
Massachusetts Supreme Judicial Court
This was an action of the case in assumpsit brought against the defendant for not paying the amount of certain assessments for the expense of making the said turnpike road. The declaration contained six counts. The third was for 1500 dollars had and received by the defendant to the plaintiffs’ use. — The sixth count was, “ for that the said J. (j.
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This was an action of the case in assumpsit brought against the defendant for not paying the amount of certain assessments for the expense of making the said turnpike road. The declaration contained six counts. The third was for 1500 dollars had and received by the defendant to the plaintiffs’ use. — The sixth count was, “ for that the said J. (j. A., at Plymouth, on the 30th day of March, 1804, by a certain writing by him subscribed, commonly called a subscription paper, in consideration that the said corporation had permitted him to become associated with them, and interested in the- funds…
1Opinion of the Court
By the Court.
The question, in this case, is, whether the defendant is liable to an action of assumpsit for neglecting to pay the sums assessed on the shares in the stock of the corporation, for which he became a subscriber. The answer to this inquiry must depend upon a construction of the writing which the defendant subscribed. Several cases of this kind have already been decided in this Court; and each of them on the force and effect of the engagement entered into. The general principle upon which they all rest is, that where the party makes an express promise to pay the assessments, he is…
2Cases cited1 opinion
- Pettee v. HawesMassachusetts Supreme Judicial Court · 1832
3Cited by14 opinions
- Robinson v. CampbellSupreme Court of the United States · 1818
- Hartford & New-Haven Rail Road v. KennedySupreme Court of Connecticut · 1838
- Seymour v. . SturgessNew York Court of Appeals · 1862
- Connecticut & Passumpsic Rivers Rail Road v. BaileySupreme Court of Vermont · 1852
- Hamilton & Deansville Plank Road Co. v. RiceNew York Supreme Court · 1849
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