Walker v. Mobile & Ohio Railroad
Mississippi Supreme Court
In error from tbe Circuit Court of Tishemingo county. Hon. P. T. Scruggs, judge. The Mobile and Ohio Railroad Co. sued Porter Walker in the court below, to recover certain instalments, which were then past due, upon the subscription of said Walker, for capital stock in said company. Among other pleas, the defendant filed the following:— 2d.
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In error from tbe Circuit Court of Tishemingo county. Hon. P. T. Scruggs, judge. The Mobile and Ohio Railroad Co. sued Porter Walker in the court below, to recover certain instalments, which were then past due, upon the subscription of said Walker, for capital stock in said company. Among other pleas, the defendant filed the following:— 2d. That the stock, mentioned in said complaint, was purchased from, and the subscription thereof made to, one J. W. Wheeler, who represented himself to be the authorized agent of said company to sell said capital stock, and receive subscriptions therefor;…
1Opinion of the CourtHandy, J.
This action was brought to recover the amount due by the plaintiff in error, as a subscriber to the capital stock of the defendants in error. Two grounds of defence are set up in the pleas.
1st. That the subscription was taken by a person who represented himself to be the agent of the company for that purpose, but, in fact, was not authorized to receive subscriptions.
2d. That the agent who obtained the subscription, with the fraudulent design of obtaining the same, represented to the plaintiff in error that the Congress of the United States had donated to the company a large quantity of land,…
2Cited by10 opinions
- Gaffney v. MegrathWashington Supreme Court · 1900
- Gilpin v. Netograph MacH. Co.Supreme Court of Oklahoma · 1910
- Adams v. SmithNevada Supreme Court · 1886
- Bissit v. Kentucky River Navigation Co.District Court, E.D. Kentucky · 1882
- Coulter v. ClarkIndiana Supreme Court · 1903
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