Belton Compress Co. v. Saunders

Acker, Judge.

The only .instruction given to the jury was* in effect, that if they found from the evidence that the entire amount of the capital stock stated in the charter had not been subscribed they would find for defendant. Appellant insists that the court erred in giving this instruction, and we think it did.

Appellee’s liability arises, if at all, upon the articles of subscription executed and mutually entered into between himself and other subscribers prior to the charter, and his conduct in relation thereto, from which it clearly appears that all of th© subscribers thereto understood…