Windsor Electric Light Co. v. Tandy
Supreme Court of Vermont
General assumpsit for an assessment upon the shares of the defendant in the capital stock of the plaintiff. Plea, the general issue. Trial by jury at the May term, 1892, Windsor county, Start, J., presiding. At the close of the testimony the court directed a verdict for the defendant upon the ground that no action could be sustained without an express promise, which the testimony did not tend to show. The plaintiff excepts.
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General assumpsit for an assessment upon the shares of the defendant in the capital stock of the plaintiff. Plea, the general issue. Trial by jury at the May term, 1892, Windsor county, Start, J., presiding. At the close of the testimony the court directed a verdict for the defendant upon the ground that no action could be sustained without an express promise, which the testimony did not tend to show. The plaintiff excepts. The defendant, by subscribing for the shares, impliedly promised to pay for them. It was not necessary that the ' word “agree” or “promise” should be used. Hartford and N.…
1Opinion of the CourtTyler, J.
This is an action of. general assumpsit brought by the plaintiff company to recover of the defendant an assessment upon his subscription for shares of the plaintiff’s capital stock. After the defendant had rested the court directed a verdict upon the ground that the action could not' be maintained in the absence of an express promise.
It appeared in evidence that the defendant arid eight other persons, on Feb. 21, 1890, associated themselves together •as a corporation, under ch. 153, R. L., as follows :
“We, the subscribers, hereby associate ourselves together ■as a corporation under the laws…
2Cases cited7 opinions
- Hartford & New-Haven Rail Road v. KennedySupreme Court of Connecticut · 1838
- Lake Ontario, Auburn & New-York Railroad v. MasonNew York Court of Appeals · 1857
- Connecticut & Passumpsic Rivers Rail Road v. BaileySupreme Court of Vermont · 1852
- Dayton v. . BorstNew York Court of Appeals · 1865
- Phoenix Warehousing Co. v. . BadgerNew York Court of Appeals · 1876
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