Hamilton v. McKenna

The opinion of the court was delivered by

West, J.:

The only question presented by this appeal is whether or not the amended petition (both cases being treated as one) states a cause of action, the plain*208tiff having appealed from an order sustaining a demurrer thereto.

In substance the pleading alleges that in Colony there was a mutual telephone company operating as a joint-stock concern for the purpose of rendering service to any one in the vicinity who would purchase stock therein. The plaintiff was a stockholder, but upon removing temporarily from Colony he transferred his stock to another…