Illinois River Railroad v. Zimmer
Illinois Supreme Court
These were actions of assumpsit brought by the Illinois River Railroad Company, at the January term of the Tazewell County Court, 1858, to recover sums of money of defendants as subscribers to the capital stock of said company.
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These were actions of assumpsit brought by the Illinois River Railroad Company, at the January term of the Tazewell County Court, 1858, to recover sums of money of defendants as subscribers to the capital stock of said company. The plaintiff sets out in its declaration, that on the 11th day of February, 1853, the legislature of Illinois incorporated the said company for the purpose of building a railroad from Jacksonville, in Morgan county, to La Salle, in La Salle county, which was approved by the Governor the same day, and became a law of the State of Illinois; also, that afterwards, to…
1Opinion of the CourtCaton, C. J.
The first question which we shall consider upon these demurrers, is that which is raised by the objection that the declarations do not aver that the defendants, at the time they made their subscriptions, paid in the ten per cent, as required by the first amendment to the charter which was in force at the time the subscriptions were made. Admitting that in order to make the subscriptions obligatory on the defendants, it was necessary that they should have paid the ten per cent, at the time of subscribing, we are of the opinion it was not necessary to aver that fact in the declaration. The…
2Cases cited1 opinion
- Foster v. President of the Essex BankMassachusetts Supreme Judicial Court · 1819
3Cited by10 opinions
- Georgia Railroad & Banking Co. v. MaddoxSupreme Court of Georgia · 1902
- Town of Southington v. Southington Water Co.Supreme Court of Connecticut · 1908
- German Mercantile Co. v. WannerNorth Dakota Supreme Court · 1913
- Lewis v. West Side Trust & Savings BankIllinois Supreme Court · 1941
- Park v. Modern Woodmen of AmericaIllinois Supreme Court · 1899
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