New Hampshire Central Railroad v. Johnson
Superior Court of New Hampshire
Assumpsit, to recover the amount of four assessments made Nov. 1, 1848, Jan. 21, 1849, March 26, 1849, and April 28, 1849. Plea, the general issue.
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Assumpsit, to recover the amount of four assessments made Nov. 1, 1848, Jan. 21, 1849, March 26, 1849, and April 28, 1849. Plea, the general issue. The declaration contained two counts upon each assessment, in form as follows: In a plea of the case, for that on the first day of August, A. D. 1848, at said Manchester, in consideration that the said corporation then and there permitted the said Johnson to become a member of said corporation, and assigned and transferred to him five shares of one hundred dollars each in the capital stock thereof; the said Johnson promised said corporation to pay…
1Opinion of the CourtEastman, J.
According to the views which the court have taken of this case, it is not necessary to go fully into all of the exceptions which were raised upon the trial, and we shall allude to several of them but briefly.
It is objected that the declaration sets up an absolute subscription, while the book imports only a conditional one, the condition being “ provided the road goes through East Weare.”
The case finds that the defendant’s name was upon the book before this provision was added, and that the addition was made at his suggestion. He first subscribed for the shares without the proviso, and that…
2Cases cited19 opinions
- Chester Glass Co. v. DeweyMassachusetts Supreme Judicial Court · 1819
- Dutchess Cotton Manufactory v. DavisNew York Supreme Court · 1817
- Andover & Medford Turnpike Corp. v. GouldMassachusetts Supreme Judicial Court · 1809
- Townsend and Others v. GoeweyNew York Supreme Court · 1838
- Little v. ObrienMassachusetts Supreme Judicial Court · 1812
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3Cited by1 opinion
- Ossipee Hosiery & Woolen Manufacturing Co. v. CanneySupreme Court of New Hampshire · 1874