Bearse v. Mabie
Massachusetts Supreme Judicial Court
Contract. Writ in the Superior Court for the county of Middlesex dated October 4, 1904. The declaration alleged that the plaintiff was a creditor of the Newton Moulding and Lumber Company, a corporation duly established in October, 1901, under the laws of South Dakota, whose charter provided that the principal place of business of the corporation should be Pierre, South Dakota, but that a branch office might be located at Newton and Boston, Massachusetts, where directors’…
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Contract. Writ in the Superior Court for the county of Middlesex dated October 4, 1904. The declaration alleged that the plaintiff was a creditor of the Newton Moulding and Lumber Company, a corporation duly established in October, 1901, under the laws of South Dakota, whose charter provided that the principal place of business of the corporation should be Pierre, South Dakota, but that a branch office might be located at Newton and Boston, Massachusetts, where directors’ and stockholders’ meetings might be held and business of the corporation transacted; that the corporation was organized…
1Opinion of the CourtLoking, J.
1. We assume that there was an appeal from the order overruling the demurrer. It is so stated in the bill of exceptions. What raises a doubt upon the matter is the fact that there is no docket entry to that effect.
The appeal comes before us properly with the bill of exceptions, since by reason of the exceptions no judgment could be entered.
The declaration sets forth the statute of South Dakota under which the Newton Moulding and Lumber Company was incorporated and alleges that the defendant was a stockholder and “ that nothing has been paid ” on his shares. That is sufficient, at any rate on…
2Cases cited2 opinions
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Hancock National Bank v. EllisMassachusetts Supreme Judicial Court · 1898
3Cited by7 opinions
- Commissioner of Banks v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1925
- Commonwealth v. MarsinoMassachusetts Supreme Judicial Court · 1925
- Mitchell v. Mitchell, Woodbury Co.Massachusetts Supreme Judicial Court · 1928
- Lewis v. CoupeMassachusetts Supreme Judicial Court · 1908
- Goldman v. ChristySupreme Court of Minnesota · 1923
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