Dill v. Wabash Valley Railroad
Illinois Supreme Court
This was a bill in chancery, filed by Dill and others against the Wabash Valley Railroad Company, to enjoin said company from collecting judgments obtained against the complainants for thirty-five per cent, on the capital stock subscribed by them to said company, and also from instituting suits to coerce the collection of the residue of the stock subscribed by complainants to said road, upon the grounds that according to the terms of the said subscription, the stock was to…
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This was a bill in chancery, filed by Dill and others against the Wabash Valley Railroad Company, to enjoin said company from collecting judgments obtained against the complainants for thirty-five per cent, on the capital stock subscribed by them to said company, and also from instituting suits to coerce the collection of the residue of the stock subscribed by complainants to said road, upon the grounds that according to the terms of the said subscription, the stock was to be used and expended in the construction of said road through the county of Edgar, and not elsewhere, and that it was to…
1Opinion of the CourtCaton, C. J.
The demurrer to this bill was properly sustained. It does not show that there was any condition attached to or embodied in the contract of subscription that the money should be expended in Edgar county. Were there any such condition in the subscription which the defendant was about to violate, it should have been clearly and positively stated in the bill. In the absence of such averment, we cannot intend it, as the bill must be most strongly taken against the complainants: at least, it must be presumed they have stated their whole case, and it must be required of them to set forth enough to…
2Cited by3 opinions
- Carey v. NagleDistrict Court, D. Wisconsin · 1870
- Chicago, Springfield & St. Louis Railway Co. v. MartinAppellate Court of Illinois · 1928
- Herron-Robbins v. AllenCourt of Appeals of Texas · 1913