Legal Opinion

Edwards v. Cleveland Dryer Co.

Appellate Court of Illinois

Decided July 20, 1899PublishedCited by 4 opinions

Assumpsit, on promissory notes. Trial in the Superior Court of Cook County; the Hon. Samuel C. Stough, Judge, presiding. Verdict and judgment for plaintiff against the defendants Hoyt and Edwards. Appeal by said defendants.

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Assumpsit, on promissory notes. Trial in the Superior Court of Cook County; the Hon. Samuel C. Stough, Judge, presiding. Verdict and judgment for plaintiff against the defendants Hoyt and Edwards. Appeal by said defendants. Statement.—This is an appeal from a judgment for $866.26, rendered in an action of assumpsit by appellee against appellants and Frank E. Barnard, Lewis E. Pennington, John Hasse, William N. Thompson, Henry Patterson, Charles Edwards, H. J. Haskell, John S. Perley, E. G. Keith, A. W. Martin, A. L. Nestlerode, C. D. Barnard, Henry J. Edwards and Henry W. Hoyt. Appellants…

1Opinion of the CourtJustice Adams

Two questions of law are presented for decision: first, whether the judgment can be sustained under section 18 of chapter 32 of the statutes; second, whether it can be sustained against appellants as partners of the other defendants'in the action. Sections 16 and 18 are as follows:

Section 16. “ If the indebtedness of any stock corporation shall exceed the amount of its capital stock, the directors and officers of such corporation, assenting thereto, shall be personally and individually liable for such excess, to the creditors of such corporation.”

Section 18. “ If any person or persons being,…

2Cases cited5 opinions

  1. Huntington v. AttrillSupreme Court of the United States · 1892
  2. Woolverton v. TaylorIllinois Supreme Court · 1890
  3. Bushnell v. Consolidated Ice Machine Co.Illinois Supreme Court · 1891
  4. Lewis v. MontgomeryIllinois Supreme Court · 1893
  5. Kennedy v. HallIllinois Supreme Court · 1873

3Cited by4 opinions

  1. Seymour v. O. S. Richardson Fueling Co.Appellate Court of Illinois · 1902
  2. Edwards v. DettenmaierAppellate Court of Illinois · 1900
  3. Churchill v. Thompson Electric Co.Appellate Court of Illinois · 1905
  4. United States Fidelity & Guaranty Corp. v. PutzyDistrict Court, N.D. Illinois · 1985

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