31 A. 23 | N.H. | 1892
The plaintiffs, a voluntary corporation, seek to recover damages from the defendants for refusing to take and pay for shares of stock subscribed for by them under the following agreement: "We, the undersigned, hereby agree to take the number of shares in the capital stock of the Rockingham Building Company set opposite our respective names, the par value of said shares being one hundred dollars each." A subscription for shares in a corporation is an agreement to take them upon the *302
conditions of the charter, and subjects the subscriber to those liabilities only which are imposed by the charter, or by the statute under which the corporation is organized. N.H. Central Railroad v. Johnson,
The contract of the defendants was to take a certain number of shares in the Rockingham Building Company, the par value of said shares being one hundred dollars each. There was no promise to pay the assessments, and the remedy of the corporation on refusal to pay, in the first instance, is by a sale of the shares.
Nonsuit.
CARPENTER, J., did not sit: the others concurred. *303