Boston & Albany Railroad v. Pearson
Massachusetts Supreme Judicial Court
Contract upon an account annexed against the defendants, as “copartners under the firm and style of the New England Express Company,” for work done by the plaintiff for said company in 1868. Writ dated April 1, 1872. Pearson alone defended, and filed an answer containing a general denial.
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Contract upon an account annexed against the defendants, as “copartners under the firm and style of the New England Express Company,” for work done by the plaintiff for said company in 1868. Writ dated April 1, 1872. Pearson alone defended, and filed an answer containing a general denial. At the trial in the Superior Court, before Colburn, J., without a jury, the defendant contended that the New England Express Company was a corporation organized in 1867, under the laws of the State of New York, and, as evidence of the laws of that . state, put in the N. Y. Sts. of 1849, c. 258; 1851, e. 455;…
1Opinion of the CourtMorton, J.
The question whether the New England Express Company, organized under the laws of the State of New York, was a corporation or a copartnership, has been before the courts of this, and other states in several cases; and it has been uniformly held that it was a copartnership, and not a corporation. Taft v. Ward, 106 Mass. 518, and 111 Mass. 518. Bodwell v. Eastman, 106 Mass. 525. Frost v. Walker, 60 Maine, 468. See also Westcott v. Fargo, 61 N. Y. 542; Witherhead v. Allen, 3 Keyes, 562. The provisions of the statutes of New York in relation to such copartnership, that suits shall be prosecuted…
2Cases cited7 opinions
- Westcott v. . FargoNew York Court of Appeals · 1875
- Hawes v. Anglo-Saxon Petroleum Co.Massachusetts Supreme Judicial Court · 1869
- Gott v. DinsmoreMassachusetts Supreme Judicial Court · 1872
- Taft v. WardMassachusetts Supreme Judicial Court · 1871
- Witherhead v. AllenNew York Court of Appeals · 1867
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- Eaton v. Pacific National BankMassachusetts Supreme Judicial Court · 1887
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