Reddington v. Henry
Supreme Court of New Hampshire
Assumpsit for money had and money paid. Writ dated June 13, 1866. The plaintiffs introduced a subscription book, the terms of which were as follows : "We, the undersigned, promise to take the number of shares set against our respec:ive names, and to pay to James E. Henry and Charles C. Moulton the sum of one hundred dollars, (§100) for each and every share so subscribed.
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Assumpsit for money had and money paid. Writ dated June 13, 1866. The plaintiffs introduced a subscription book, the terms of which were as follows : "We, the undersigned, promise to take the number of shares set against our respec:ive names, and to pay to James E. Henry and Charles C. Moulton the sum of one hundred dollars, (§100) for each and every share so subscribed. The said J. E. Henry and C. C. Moulton hereby obligate themselves to lease to each and every shareholder for the period of thirty years, his proportion of twenty-five shares of $100 each in the following described pieces or…
1Opinion of the CourtNesmith, J.
The original subscription paper, signed by the plaintiffs, and delivered to defendants, established the foundation of the contract between these parties. This was executed about the 21st of November, 1865. The plaintiffs having paid all the money which the terms of their contract required, the obligation was then cast upon the defendants to make and execute to them, together with the other shareholders, or associates, the several leases of the land for which they had paid, agreeably to the terms and fair intent of their said original bargain.
A fair construction of the language employed by the…
2Cases cited4 opinions
- Baker v. RobbinsNew York Supreme Court · 1846
- Camp v. MorseNew York Supreme Court · 1848
- Foote v. WestCourt for the Trial of Impeachments and Correction of Errors · 1845
- Van Benthuysen v. CrapserNew York Supreme Court · 1811