Baker v. Fort Worth Board of Trade
Court of Appeals of Texas
Appeal from Tarrant. Tried below before Hon. S. P. Greene. Unless tbe defendants knew of tbe variance of tbe charter from tbe original contract of subscription they would not in law, and could not in fact, be called upon to elect whether they would claim a release on account of said variance or not; and without such knowledge of tbe variance, no act of theirs could in law be construed as a ratification of or consent to tbe change or variance.
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Appeal from Tarrant. Tried below before Hon. S. P. Greene. Unless tbe defendants knew of tbe variance of tbe charter from tbe original contract of subscription they would not in law, and could not in fact, be called upon to elect whether they would claim a release on account of said variance or not; and without such knowledge of tbe variance, no act of theirs could in law be construed as a ratification of or consent to tbe change or variance. Cook on Stock and Stockholders, sec. 530, note 1; Land Co. v. Jernegan, 126 Mass., 125; Railway v. Allerton, 18 Wall., 234; 11 Am.'Rep., 90; 1 Laws.…
1Opinion of the Court
STEPHENS, Associate Justice.
The question for decision in this case is, do the findings of fact, there being no statement of facts, warrant the conclusion of law that appellant’s intestate was bound to pay appellee the amount of twenty shares of capital stock, at $100 per share, in appellee corporation, subscribed prior to its charter, in the terms following:
“The State oe Texas, j
“County of Tarrant. j
“Know all men by these presents: That whereas we, the undersigned citizens of Fort Worth, Tarrant County, Texas, have agreed and do by these presents agree to form a corporation under the laws of…
2Cases cited2 opinions
- Dorris v. . SweeneyNew York Court of Appeals · 1875
- Katama Land Co. v. JerneganMassachusetts Supreme Judicial Court · 1879
3Cited by9 opinions
- Burke v. MeadIndiana Supreme Court · 1902
- Gibson v. Iowa Legion of HonorSupreme Court of Iowa · 1916
- Commonwealth Bonding & Casualty Ins. Co. v. MeeksCourt of Appeals of Texas · 1916
- New Nueces Hotel Co. v. Weil Bros.Court of Appeals of Texas · 1922
- Country Club Real Estate Improvement Co. v. GillhamAppellate Court of Illinois · 1936
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