Birge v. Browning

The opinion of the court was delivered by

Gordon, J.

The appellant here is the receiver of the Centraba Hotel Company, a corporation which had, prior to the commencement of this action, been adjudged insolvent. He brought this action to recover the amounts unpaid upon respondents’ subscriptions to the capital stock of said corporation.

The respondents answered—first, that there was no actual incorporation of the company; second, that the full amount of the capital stock had not been subscribed. To which appellant replies that the respondents are estopped to deny the existence of the corporation,…