Thomas County Cooperative Business Ass'n v. Pearson

The opinion of the court was delivered by

Marshall, J.:

The plaintiff, a corporation, sued to recover the sum of $1,000, which the defendant had agreed to pay on a subscription given by himself and others to the plaintiff with which to discharge a $70,000 indebtedness owing by the plaintiff to two banks in Colby, Kan. Judgment was rendered in favor of the defendant, on his motion for judgment on the pleadings and trial statement of the plaintiff, on the ground that they did not state a cause of action against the defendant. The plaintiff appeals.

The petition alleged that the plaintiff was…