Starrett v. Rockland Fire & Marine Insurance
Supreme Judicial Court of Maine
On report. Assumpsit for $2,975, dividends on five shares of the capital stock of the defendant corporation. Flea, the general issue.
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On report. Assumpsit for $2,975, dividends on five shares of the capital stock of the defendant corporation. Flea, the general issue. The defendant company was chartered February 7, 1852, to continue twenty years. ■ The charter provides that the capital stock exclusive of premium notes and profits shall be $50,000, of which fifty per cent shall be paid within ninety days after publication of this act in some newspaper printed in Rockland, and the remaining fifty per cent within two years after the payment of the first installment. The plaintiff before the organization of the company,…
1Opinion of the CourtDickerson, J.
Assumpsit for $2,975, money had and received with the specification annexed, that the plaintiff claims to recover the dividends on five shares of the capital stock of the defendant company of which he is the owner.
The principal question to be determined is, whether the plaintiff was the owner of the stock as alleged in the specifications. If he was, it must have been by virtue of a contract entered into between him and the defendant company. Whether such a contract was made depends upon the acts of the parties. The only act the plaintiff ever performed, tending to make him the owner of the…
2Cases cited1 opinion
- New Bedford & Bridgewater Turnpike Corp. v. AdamsMassachusetts Supreme Judicial Court · 1811
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