Rikhoff v. Brown's Rotary Shuttle Sewing Machine Co.

This was an action by the appellee, against the appellants, upon a subscription by the defendants to the capital stock of the company. The subscription was made to the preliminary articles of the plaintiffs association.

The complaint alleged facts showing that, after the sub-sci-iption was made, the plaintiff’s organization as a corporation was perfected.

The defendants pleaded, among other things, nul tiel corporation. Trial by the court, resulting in a finding and judgment for the plaintiff". Judgment affirmed on appeal to general term.

But two questions are made here: 1. Was the evidence…