Merrick v. Reynolds Engine & Governor Co.
Massachusetts Supreme Judicial Court
Contract on an account for work done and materials furnished in making patterns for four regulators of steam engines. The defendants were described in the writ as a corporation established by law at Boston. The answer specifically denied that the defendants were a corporation, and denied generally all the allegations of the plaintiff.
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Contract on an account for work done and materials furnished in making patterns for four regulators of steam engines. The defendants were described in the writ as a corporation established by law at Boston. The answer specifically denied that the defendants were a corporation, and denied generally all the allegations of the plaintiff. At the trial in the superior court, before Devens, J., without a jury, the plaintiff, to prove that the defendants were a corporation under the Gen. Sts. c. 61, put in evidence articles of association, a notice for a first meeting of the subscribers of the…
1Opinion of the CourtColt, J.
This case was submitted to the court without a jury, and there was sufficient evidence to justify the finding that the work for which the plaintiff seeks compensation was actually done for the defendant corporation, under the direction of its agents, acting within the scope of their authority, either as officers having general charge of its affairs, or under the vote of the directors of April 9. It cannot be disturbed now as matter of law.
But it is contended that the Engine and Governor Company never had a legal existence as a corporation, for the reason that the original associates never so…
2Cases cited1 opinion
- Bond v. MullinsCourt of Appeals of Kentucky · 1860
3Cited by16 opinions
- Blodgett v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1903
- First National Bank v. AlmyMassachusetts Supreme Judicial Court · 1875
- Cranson v. International Business MacHines Corp.Court of Appeals of Maryland · 1964
- Temple Enterprises, Inc. v. CombsOregon Supreme Court · 1940
- Washburn Mill Co. v. BartlettNorth Dakota Supreme Court · 1893
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