Kimball v. Spicer
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Kenosha County. This action was brought to recover the amount of a subscription made by the defendant to the stock of the Kenosha and Beloit Railroad Company.
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APPEAL from tbe Circuit Court for Kenosha County. This action was brought to recover the amount of a subscription made by the defendant to the stock of the Kenosha and Beloit Railroad Company. The complaint, after stating. the contract of subscription, and the making and giving of notice to the defendant of various calls, under which the amount subscribed had become due, averred that afterwards the name of said railroad company was changed by an act of the legislature to the “ Kenosha and Rockford Railroad Company,” 11 by which name it from thence has been recognized, and is the plaintiff in…
1Opinion of the Court
By the Court, Cole, J.
In the case of Downie vs. Hoover . (unreported), this court held that a subscription to the capital stock of a railroad company could be assigned and transferred by the company like any other contract, and that the assignee could recover the amount of money due upon the same from the stock subscriber. This fully disposes of the first objection to the complaint in this case, taken in the demurrer.
The second objection, that in the 18th folio of the complaint it alleges that the Kenosha & Rockford R. R. Co. is the plaintiff in the action, while it appears from other parts…
2Cited by2 opinions
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