Legal Opinion

Marlborough Manufacturing Co. v. Smith

Supreme Court of Connecticut

Decided November 15, 1818PublishedCited by 27 opinions

THIS was an action of assumpsit, brought by the Marlborough Manufacturing Company, to recover of the defendant, as a member of the company, and a proprietor of one share of the stock thereof, the sum of 300 dollars, being the amount of an assessment upon each share, laid bf the'directors, at a meeting held at Marlborough, on the 11th of December, 1816. The charter of the company, granted at a special session of the General Assembly, in January, 1815, was set forth in the…

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THIS was an action of assumpsit, brought by the Marlborough Manufacturing Company, to recover of the defendant, as a member of the company, and a proprietor of one share of the stock thereof, the sum of 300 dollars, being the amount of an assessment upon each share, laid bf the'directors, at a meeting held at Marlborough, on the 11th of December, 1816. The charter of the company, granted at a special session of the General Assembly, in January, 1815, was set forth in the declaration. One section provided, that the capital slock should be considered as personal estate, and he transferable,…

1Opinion of the Court

Swift, Ch. J.

The act incorporating the Marlborough Manufac tu ring Company, provides, that the shares of the stockholders may be transferred on the books of the company, in such manner as the directors may prescribe. The by-law provides, that transfers of stock shall be made, by assignment, in the treasurer’s book, either in person, or by authorized attorney, on surrender of the certificate granted for the stock, and a new certificate being granted by the treasurer. Though the form of the assignment, is not pointed out, yet the by-law, on its fair construction, requires, that there must be a…

2Cited by27 opinions

  1. Lipscomb's Adm'r v. CondonWest Virginia Supreme Court · 1904
  2. Reed v. CopelandSupreme Court of Connecticut · 1883
  3. Vansands v. Middlesex County BankSupreme Court of Connecticut · 1857
  4. Carlton v. Southern Mutual InsuranceSupreme Court of Georgia · 1884
  5. Colt v. IvesSupreme Court of Connecticut · 1862

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