President of the Union Turnpike Road v. Jenkins
Massachusetts Supreme Judicial Court
This was an action of assumpsit, in which the plaintiffs set forth their charter of incorporation from the state of New York; sundry assessments made, in pursuance of the charter, upon the stockholders, of which the defendant was one; and his undertaking and promise to pay the amount of those assessments. The New England Marine Insurance Company were summoned, as trustees of the defendant, by a service on Peleg Coffin, Esq., their then president.
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This was an action of assumpsit, in which the plaintiffs set forth their charter of incorporation from the state of New York; sundry assessments made, in pursuance of the charter, upon the stockholders, of which the defendant was one; and his undertaking and promise to pay the amount of those assessments. The New England Marine Insurance Company were summoned, as trustees of the defendant, by a service on Peleg Coffin, Esq., their then president. The defendant pleaded, to the jurisdiction of the court below, that the cause of action, if any, accrued at Hudson, within the jurisdiction of the…
1Opinion of the Court
The Court,
without hearing the defendants’ counsel, were unani-' mously of opinion that an aggregate corporation cannot be sum maned as trustee, and that effects and credits, in the hands of such a corporation, cannot be attached under the statute.(a)
By the act of 1832, c. 164, corporations are made liable to the process of foreign attachment,
2Cited by6 opinions
- Wallace v. LawyerIndiana Supreme Court · 1876
- Mayor of Mobile v. Rowland & Co.Supreme Court of Alabama · 1855
- Wales v. City of MuscatineSupreme Court of Iowa · 1856
- Fortune v. City of St. LouisSupreme Court of Missouri · 1856
- Cosenza v. City of WorcesterDistrict Court, D. Massachusetts · 2023
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