Henderson & Nashville Railroad v. Leavell
Court of Appeals of Kentucky
APPEAL FROM CHRISTIAN CIRCUIT. The facts of the case appear in the opinion of the Court. Rep. Thepetition refers to asubscription, withoutany conditions ; that exhibited contains conditions on its face. It is true it is averred that the directors have complied with all the conditions on which the defendant was to be liable; have made the calls, &c.
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APPEAL FROM CHRISTIAN CIRCUIT. The facts of the case appear in the opinion of the Court. Rep. Thepetition refers to asubscription, withoutany conditions ; that exhibited contains conditions on its face. It is true it is averred that the directors have complied with all the conditions on which the defendant was to be liable; have made the calls, &c. Is the paper filed tobe regarded as part of the petition? We suppose not, and refer the court to the case of Hill for Wintersmith vs. Barret, 14 B. Monroe, 86. In that case the court said that it was not sufficient to refer to a writing in the…
1Opinion of the Court
Judge SuirsoN
delivered the opinion of the Court.
The plaintiffs’ petition sets forth a good cause of action — it alleges that the defendant subscribed for and took fifteen shares of the capital stock of the Henderson and Nashville Railroad Company, each share being for one hundred dollars, which subscription was made in writing by the defendant, and that the writing will be filed as a part of the petition as soon as the same can be procured. It then contains allegations which show that ten calls, of five dollars each, had been made by the directors of said company, in conformity with the…
2Cited by7 opinions
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- Philip Schneider Brewing Co. v. American Ice-Mach. Co.Court of Appeals for the Eighth Circuit · 1896
- Johnson v. Mason Lodge No. 33, I. O. O. F.Court of Appeals of Kentucky · 1899
- Nichols v. Bardwell Lodge No. 179 I. O. O. F.Court of Appeals of Kentucky · 1898
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