Chase's Patent Elevator Co. v. Boston Tow-Boat Co.
Massachusetts Supreme Judicial Court
Contract, upon a written agreement, by which the plaintiff was to furnish to the defendant an elevator for delivering coal. In the Superior Court a demurrer to the plaintiff’s replication was sustained, and judgment ordered for the defendant; and the plaintiff appealed. The facts appear in the opinion. The case was argued at the bar in October, 1889, and after-wards was submitted, on the briefs, to all the judges.
1Opinion of the CourtHolmes, J.
This is an action for the price of an elevator furnished to the defendant by the plaintiff, under a written agreement. The answer alleges that, at the time of its making and performing the agreement, the plaintiff’s capital stock had not been paid in, and a certificate of the payment, etc. had not *429been filed, as required by the Pub. Sts. c. 106, § 46, wbieb forbids a corporation to “ commence the transaction of the business for which it was organized ” until those things are done. The replication alleges, that before the contract and sale a certificate of organization had been issued, and a…
2Cases cited11 opinions
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- Continental Corp. v. GowdyMassachusetts Supreme Judicial Court · 1933
- Washburn Mill Co. v. BartlettNorth Dakota Supreme Court · 1893
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