Nichols v. Thomas
Massachusetts Supreme Judicial Court
Trespass for an assault and battery, and false imprisonment. The action was pending in Worcester, and, at the last September term in that county, a case was stated for the opinion of the Court by which it was agreed that one Benjamin W. Willard, in June, 1807, recovered a judgment at the Court of Common Pleas for the said county of Worcester, against the President, Directors, and Company, of the Union Turnpike Corporation, who were incorporated by an act passed March 2,…
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Trespass for an assault and battery, and false imprisonment. The action was pending in Worcester, and, at the last September term in that county, a case was stated for the opinion of the Court by which it was agreed that one Benjamin W. Willard, in June, 1807, recovered a judgment at the Court of Common Pleas for the said county of Worcester, against the President, Directors, and Company, of the Union Turnpike Corporation, who were incorporated by an act passed March 2, 1804, upon a promissory note which had been made to the said Willard by Benjamin Kimball, treasurer of the said corporation;…
1Opinion of the Court
The cause was continued nisi, and now, at this term, the opinion of the Court was delivered by
Parsons, C. J.
The Union Turnpike Corporation was incorporated by that name in March, 1804. Willard, a creditor of the cornoration, recovered judgment against it, by the name of The X *209President, Directors, and Company, of the Union Turnpike Cor poration, no notice being taken of the misnomer, although the corporation appeared to the plaintiff’s writ. He sued out his execution on the judgment, which, after reciting the judgment, con tained the usual precept to the officer to levy the damages and costs…
2Cited by12 opinions
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- Columbian Insurance v. CatlettSupreme Court of the United States · 1827
- Breed v. HobartSupreme Court of Missouri · 1905
- Jordan v. C. I. T. Corp.Massachusetts Supreme Judicial Court · 1939
- Taylor v. AlexanderOhio Supreme Court · 1833
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