Webb v. Moeller
Supreme Court of Connecticut
Action to recover damages for the breach of an alleged stock-subscription agreement, brought to the Superior Court in New Haven County and tried to the jury before Gager, J.; by direction of the court the jury returned a verdict for the defendant, and from the judgment thereon the plaintiff appealed. No error. The plaintiff is the trustee in bankruptcy of the Grand Opera House Company, Incorporated.
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Action to recover damages for the breach of an alleged stock-subscription agreement, brought to the Superior Court in New Haven County and tried to the jury before Gager, J.; by direction of the court the jury returned a verdict for the defendant, and from the judgment thereon the plaintiff appealed. No error. The plaintiff is the trustee in bankruptcy of the Grand Opera House Company, Incorporated. Prior to August 1st, 1909, this corporation, acting under corporate authority, voted to issue $10,000, par value, of preferred stock. Anticipating this action, the corporation employed one Dayton,…
1Opinion of the CourtPrentice, C. J.
The plaintiff, trustee in bankruptcy of a corporation, sues to recover the par value of a certain number of shares of a new issue of its stock, for which it is alleged that he agreed he would subscribe, but refused to take and pay for. The complaint, in a later paragraph, treats this agreement as a subscription, and demands for its breach “the amount due upon said subscription.” The evidence discloses nothing which tends to establish a subscription. The utmost that can be claimed from it is that it established a promise to subscribe in the future. The distinction is one of importance. A…
2Cases cited3 opinions
- Townsend Savings Bank v. ToddSupreme Court of Connecticut · 1879
- Fawcett v. New Haven Organ Co.Supreme Court of Connecticut · 1879
- Ætna National Bank v. HollisterSupreme Court of Connecticut · 1886
3Cited by17 opinions
- Lach v. CahillSupreme Court of Connecticut · 1951
- Tradesmens National Bank of New Haven v. MinorSupreme Court of Connecticut · 1937
- Phillipe v. ThomasConnecticut Appellate Court · 1985
- Allview Acres, Inc. v. Howard Investment Corp.Court of Appeals of Maryland · 1962
- Taylor v. Lounsbury-Soule Co.Supreme Court of Connecticut · 1927
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