Weidenger v. Spruance
Illinois Supreme Court
Writ oe Error to the Appellate Court for the First District ;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding.
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Writ oe Error to the Appellate Court for the First District ;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of debt, brought by Joseph B. Weidenger, for the use of T. B. Elliott, against Harmon Spruance, as a stockholder in the Commercial Insurance Company, upon the individual liability of the defendant for a debt of the company to the amount of his stock, the capital stock of the company never having been paid in. The court overruled demurrers to pleas of the defendant, and gave judgment against the…
1Opinion of the CourtJustice Scholfield
The present case differs from Gulliver v. Roelle, 100 Ill. 141, in this: In that case the right to amend was expressly reserved in the charter; in the present case such right was reserved in an amendment to the charter, which the pleas aver was never accepted by the company, and so it must be taken for the present that no right of amendment was reserved in the charter; and the question therefore is, treating the 16th section of the general law as an amendment of this charter, does it impair the • obligation of a contract ? We are of opinion the answer should be in the negative.
By sec. 2 of…
2Cases cited9 opinions
- Steam-Engine Co. v. HubbardSupreme Court of the United States · 1879
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- First National Bank v. PriceCourt of Appeals of Maryland · 1871
- Cameron v. . SeamanNew York Court of Appeals · 1877
- Chandler v. BrownIllinois Supreme Court · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People ex rel. Peabody v. Chicago Gas Trust Co.Illinois Supreme Court · 1889
- Schiffman Bros, Inc. v. Texas CoCourt of Appeals for the Seventh Circuit · 1952
- Klein v. Independent Brewing Ass'nIllinois Supreme Court · 1907
- Barnes v. ArnoldNew York Supreme Court · 1898
- Chicago Union Traction Co. v. City of ChicagoIllinois Supreme Court · 1902
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