Walworth v. Brackett
Massachusetts Supreme Judicial Court
Contract, with two counts; the first on an account annexed for labor and materials ; the second alleging that the defendants (Jeffrey R. Brackett and George Snell) represented themselves to be agents of a corporation called the Boston Mechanical Bakery Company, and so induced the plaintiffs to perform the labor and ‘urnish the materials on the credit of said supposed corporation, when in fact it had no legal existence, whereby the defendants became themselves liable to the…
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Contract, with two counts; the first on an account annexed for labor and materials ; the second alleging that the defendants (Jeffrey R. Brackett and George Snell) represented themselves to be agents of a corporation called the Boston Mechanical Bakery Company, and so induced the plaintiffs to perform the labor and ‘urnish the materials on the credit of said supposed corporation, when in fact it had no legal existence, whereby the defendants became themselves liable to the plaintiffs. The defendants answered severally, denying the plaintiffs’ allegations except concerning the legal existence…
1Opinion of the CourtHoar, J.
The court are all of opinion that this case is settled by the decision given in the case of Newcomb v. Reed, 12 Allen, 362. The only circumstances which now appear, different from those which were the basis of that decision, are these: that the plaintiffs offered to show that two of the persons named in the act of incorporation did not consent to the call of the first meeting ; but, upon being requested, refused to join therein; and did not attend said meeting nor participate in the organization of the company; that none of the persons acting became associated therein at their request or by…
2Cited by8 opinions
- Cunningham v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1924
- McGinty v. Athol Reservoir Co.Massachusetts Supreme Judicial Court · 1892
- Hawes v. Anglo-Saxon Petroleum Co.Massachusetts Supreme Judicial Court · 1869
- Moroni v. BrawdersMassachusetts Supreme Judicial Court · 1944
- Braintree Water Supply Co. v. Inhabitants of BraintreeMassachusetts Supreme Judicial Court · 1888
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