Legal Opinion

Ingalls v. Cole

Supreme Judicial Court of Maine

Decided July 1, 1860PublishedCited by 8 opinions

On Report of the case by Goodenow, J. This in an action of the case, by a judgment creditor of the Buckfield Branch Railroad Company, against the defendant as a stockholder, to recover a sum equal to the amount of his stock in said corporation.

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On Report of the case by Goodenow, J. This in an action of the case, by a judgment creditor of the Buckfield Branch Railroad Company, against the defendant as a stockholder, to recover a sum equal to the amount of his stock in said corporation. The writ was dated January 1, 1852. The defendant pleaded the general issue, with a brief statement, of which the .following specifications only are important to the case:— “ 3. That this suit was not commenced within six months after the aforesaid judgment against said corporation was recovered. “ 4. That no notice was ever given the defendant of the…

1Opinion of the Court

The opinion of the Court was drawn up by

Kent, J.

This action was not commenced within six months after judgment against the corporation. The first objection made by the defendant rests upon this fact. He contends that the suit - was barred by limitation when it was commenced.

We understand, from the case, that, for the purposes of determining this point, it is assumed that the corporation is one within § 18 of c. 76 of R. S. of 1841; that the plaintiff recovered judgment against the corporation in May, 1851; that he placed an execution in an officer’s hands,. who made a return that he could not…

2Cases cited1 opinion

  1. Marcy v. ClarkMassachusetts Supreme Judicial Court · 1821

3Cited by8 opinions

  1. United States v. GillisSupreme Court of the United States · 1877
  2. Cory v. CarterIndiana Supreme Court · 1874
  3. Bettenbrock v. MillerIndiana Supreme Court · 1916
  4. State Savings Ass'n v. KelloggSupreme Court of Missouri · 1876
  5. State v. Arnold Vogl, Edith Vogl & Erna Fisher, Co-Partners in Trade Under Name of Riviera Packing Co.Supreme Judicial Court of Maine · 1953

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