Andover & Medford Turnpike Corp. v. Hay
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, as propn etor of four shares in the turnpike, for not paying sundry assessments, duly made by the directors of the corporation, amounting, in the whole, to the sum of 860 dollars, on the defendant’s four shares.
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This was an action of the case against the defendant, as propn etor of four shares in the turnpike, for not paying sundry assessments, duly made by the directors of the corporation, amounting, in the whole, to the sum of 860 dollars, on the defendant’s four shares. The declaration contained a number of counts, of which the sixth was as follows, viz. * “ And, also, for [ * 108 ] that the said Hay, at, &c., on, &c., in consideration that the plaintiff did then and there permit him to subscribe a certain agreement to become a member of said corporation, and be propri etor of four shares therein,…
1Opinion of the Court
The action stood continued nisi, for advisement, and at the following November term, in Suffolk, the opinion of the Court was delivered by
Parsons, C. J.
The Court have already had before them, in the case of the present plaintiffs vs. Gould, the written instrument, signed by the several proprietors of this turnpike, to entitle them to their respective shares, and to make them members of the corpora tian, who now bring this suit. In that action we were satisfied that, by the terms of that instrument, the corporation could not, by law, *90maintain an action to recover damages of any proprietor for…
2Cited by10 opinions
- New Haven Horse Nail Co. v. Linden Spring Co.Massachusetts Supreme Judicial Court · 1886
- Hartford & New-Haven Rail Road v. KennedySupreme Court of Connecticut · 1838
- Gottfried v. MillerSupreme Court of the United States · 1882
- Worcester Turnpike Corp. v. WillardMassachusetts Supreme Judicial Court · 1809
- Maine Stage Co. v. LongleySupreme Judicial Court of Maine · 1837
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