Franklin Glass Co. v. White
Massachusetts Supreme Judicial Court
This was assumpsit by the plaintiffs, a company incorporated for the purpose of manufacturing glass, against the defendant, a member of the company, to recover the amount of sundry assessments made by the company on the several shares of their capital stock. The action was submitted to the decision of the Court, on certain agreed facts.
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This was assumpsit by the plaintiffs, a company incorporated for the purpose of manufacturing glass, against the defendant, a member of the company, to recover the amount of sundry assessments made by the company on the several shares of their capital stock. The action was submitted to the decision of the Court, on certain agreed facts. The company was incorporated by an act passed the 6th of February, 1812,(1) with power to hold real and personal estate to a certain amount respectively, and with “ all the powers and privileges, and subject to all the duties, requirements, and disabilities,…
1Opinion of the Court
By the Court.
We cannot perceive sufficient distinction between *249the present case and that of the Andover, &c., Turnpike vs. Gould, to justify us in giving to this a #different decision. By the act concerning manufacturing corporations, the sale of the shares of those proprietors who are delinquent in paying their assessments is the only remedy provided for the corporation ; and the provision is made in almost the very same words as are used in the general act respecting turnpike corporations.
In the case cited from Espinasse, the penalties or assessments were set upon the persons, not upon the…
2Cited by17 opinions
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- Cross v. Pinckneyville Mill Co.Illinois Supreme Court · 1855
- Hartford & New-Haven Rail Road v. KennedySupreme Court of Connecticut · 1838
- Connecticut & Passumpsic Rivers Rail Road v. BaileySupreme Court of Vermont · 1852
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