Carlisle v. Cahawba & Marion Rail Road
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. This was an action of assumpsit, brought by the defendant in error to recover of the plaintiff seven instalments of five per cent, each, on five hundred dollars id stock subscribed for in the Rail Road of the Company.
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Writ of Error to the Circuit Court of Perry. This was an action of assumpsit, brought by the defendant in error to recover of the plaintiff seven instalments of five per cent, each, on five hundred dollars id stock subscribed for in the Rail Road of the Company. The declaration contains three counts, the character of which will sufficietly appear from the opinion of the Court.' A demurrer was filed to the entire declaration, which was overruled, and thereupon the defendant pleaded — 1. Nul tiel corporation. 2. Non assumpsit. On both of which issue was joined and the cause submitted to a jury.…
1Opinion of the CourtCollier, C. J.
The first count of the declaration alledges that the plaintiff became a body corporate by an act of the legislature, approved on the 18th January, iS34, that the defendant, on the 20th March, 1837, with numerous other persons subscribed and executed a certain instrument in writing, whereby he promised to pay the plaintiff at such times, in such in-stalments and in such manner as the'President and Directors of the corporation might prescribe and direct the amount or *74number of shares of stock in the company which the defendant then and there set opposite his name. It is then averred that he set…
2Cases cited1 opinion
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- Fay v. HallSupreme Court of Alabama · 1854
- Louisiana Paper Co. v. WaplesU.S. Circuit Court for the District of Louisiana · 1877
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