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Manton v. Ray

Supreme Court of Rhode Island
Apr 8, 1896
34 A. 739 (R.I. 1896)

Opinion

Equity, No. 3639.

Filed April 8, 1896.

EQUITY PLEADING.

After the decision in the case reported in 18 R.I. 672, the complainant amended his bill so as to aver that he "was, on the 21st day of June, A.D. 1893, possessed of and was the owner of certain shares of stock, to wit, twenty-five shares of the capital stock of the Home Investment Company," etc.

Clarke H. Johnson, for complainant.

Wilson Jenckes, for defendant.


RESCRIPT.

We are of the opinion that the allegation of the amended bill that the respondent had the stock at the time of making the contract with the complainant is sufficient. Milkman v. Ordway, 106 Mass. 232. The demurrer is therefore overruled.


Summaries of

Manton v. Ray

Supreme Court of Rhode Island
Apr 8, 1896
34 A. 739 (R.I. 1896)
Case details for

Manton v. Ray

Case Details

Full title:JOSEPH P. MANTON vs. THOMAS H. RAY

Court:Supreme Court of Rhode Island

Date published: Apr 8, 1896

Citations

34 A. 739 (R.I. 1896)
19 R.I. 423

Citing Cases

Battalion Westerly Rifles v. Swan

The complainant's remedy to proceed in equity is therefore clear. The case is similar in principle to Manton…