Worcester Turnpike Corp. v. Willard
Massachusetts Supreme Judicial Court
The declaration in this action was in case, and a new count had been filed, as follows, viz. “ for that the said plaintiffs were, by an act of the General Court, &c., passed, &c., made and constituted a corporation or body * politic by the name of [*81] The Worcester Turnpike Corporation, to make, lay out and keep in repair a turnpike road from Roxbury to Worcester, in the course, direction and manner described in said act of incorporation, and afterwards, at, &c., on, &c.,…
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The declaration in this action was in case, and a new count had been filed, as follows, viz. “ for that the said plaintiffs were, by an act of the General Court, &c., passed, &c., made and constituted a corporation or body * politic by the name of [*81] The Worcester Turnpike Corporation, to make, lay out and keep in repair a turnpike road from Roxbury to Worcester, in the course, direction and manner described in said act of incorporation, and afterwards, at, &c., on, &c., in consideration that the plaintiffs, at the request of the said Aaron, had admitted him to take one share in the…
1Opinion of the Court
The opinion of the Court was afterwards delivered as follows, by
Parsons, C. J.
The defendant objects to the verdict found for the plaintiffs in this action, because there was no evidence to prove the contract declared on. The contract produced in evidence was signed by the defendant, and the other members of the corporation. In this contract he engages to take one share, and to pay all such legal assessments as should afterwards be made by the government of the corporation, on condition that the number of shares should be six hundred, and that the turnpike should be located as is there…
2Cases cited6 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Andover & Medford Turnpike Corp. v. GouldMassachusetts Supreme Judicial Court · 1809
- Middlesex Turnpike Corp. v. LockeMassachusetts Supreme Judicial Court · 1811
- Taunton & South Boston Turnpike Corp. v. WhitingMassachusetts Supreme Judicial Court · 1813
- Middlesex Turnpike Corp. v. SwanMassachusetts Supreme Judicial Court · 1813
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cross v. Pinckneyville Mill Co.Illinois Supreme Court · 1855
- Hartford & New-Haven Rail Road v. KennedySupreme Court of Connecticut · 1838
- Northern Railroad v. MillerNew York Supreme Court · 1851
- Selma & Tennessee Rail Road v. TiptonSupreme Court of Alabama · 1843
- Taunton & South Boston Turnpike Corp. v. WhitingMassachusetts Supreme Judicial Court · 1813
14 more not listed; retrieve them via the Exa API.