Ewing v. Composite Brake Shoe Co.
Massachusetts Supreme Judicial Court
Contract, in two counts, upon a special promise and upon an account annexed. Trial in the Superior Court, before Lilley, J., who, at the defendant’s request, ruled that the action could not be maintained, and directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts sufficiently appear in the opinion.
1Opinion of the CourtLathrop, J.
The plaintiff was a creditor of a Maine corporation to the amount of $787. This corporation ceased to do business, and the stockholders, together with at least one other person, formed a new corporation with a different name under the laws of Massachusetts. The new corporation is the defendant in this case. It took all the assets of the old corporation except its books, but it did not assume to pay all of the debts of the old corporation, although there was evidence that one Whitcomb, who was the manager of both of the corporations, *73told the plaintiff that the new company would be liable for…
2Cases cited2 opinions
- Drohan v. Lake Shore & Michigan Southern Railway Co.Massachusetts Supreme Judicial Court · 1894
- Moore v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1896
3Cited by13 opinions
- Luedecke v. Des Moines Cabinet Co.Supreme Court of Iowa · 1908
- Sugg v. SmithCourt of Appeals of Texas · 1918
- Larson v. Jeffrey-Nichols Motor Co.Massachusetts Supreme Judicial Court · 1932
- Brocklehurst & Potter Co. v. MarschMassachusetts Supreme Judicial Court · 1916
- Loomis v. PeaseMassachusetts Supreme Judicial Court · 1919
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