St. Paul, Stillwater & Taylor's Falls Railroad v. Robbins
Supreme Court of Minnesota
This action was brought in the district court for Ramsey county. A demurrer to the complaint, as not stating a cause of action, was sustained by Wilkin, J., on the ground that the complaint failed to aver that the company had authorized or directed the issue of the preferred stock for which the defendant subscribed.
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This action was brought in the district court for Ramsey county. A demurrer to the complaint, as not stating a cause of action, was sustained by Wilkin, J., on the ground that the complaint failed to aver that the company had authorized or directed the issue of the preferred stock for which the defendant subscribed. The complaint having-been amended, a demurrer to the amended complaint was overruled by Simons, J., on the ground that, in the decision sustaining the former demurrer, the complaint had been held sufficient, except for the defect above mentioned, and that such defect had been…
1Opinion of the CourtGileillan, C. J.
Appeal from an order overruling a demurrer to the amended complaint. The action is to recover the amount of a subscription to the plaintiff’s capital stock, which subscription is alleged to have been made in the regular stock-subscription book of the plaintiff, in the words and figures following: “We, the undersigned, do hereby subscribe to the preferred capita] stock of the St. Paul, Stillwater & .Taylor’s Falls Railroad Company, and promise to pay for the number of shares set opposite our respective names ; these subscriptions not to be binding until sixty-five thousand dollars of said…
2Cited by19 opinions
- Wolf v. Chicago Sign Printing Co.Illinois Supreme Court · 1908
- Gill Printing Co. v. GoodmanSupreme Court of Alabama · 1932
- Marson v. DeitherSupreme Court of Minnesota · 1892
- Baird v. TriceTexas Supreme Court · 1879
- Baltimore City Passenger Railway Co. v. HambletonCourt of Appeals of Maryland · 1893
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