Burlington & Missouri River Railroad v. Shaw
Supreme Court of Iowa
Appeal from, the Des Moines District Court. Suit on a subscription to the capital stock of a railroad company. The plaintiffs aver that defendant subscribed for one share of stock, to be paid in such instalments as should be called for by the board of directors, not exceeding five per centum per month; and that the whole amount subscribed had been called for, in instalments of five per centum per month, according to the charter of the company, of which dne notice had been…
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Appeal from, the Des Moines District Court. Suit on a subscription to the capital stock of a railroad company. The plaintiffs aver that defendant subscribed for one share of stock, to be paid in such instalments as should be called for by the board of directors, not exceeding five per centum per month; and that the whole amount subscribed had been called for, in instalments of five per centum per month, according to the charter of the company, of which dne notice had been given to defendant. There was judgment by default against defendant, for want of an answer; and the clerk having assessed…
1Opinion of the CourtStockton, J.
We shall notice only the second error'assigned by defendant, viz: that the plaintiffs’ damages were assessed by the clerk, without any authority of law. The shares of the company were one hundred dollars each, and the defendant is charged, in the bill of particulars accompanying the petition, with the sum of one hundred dollars, as due in instalments of five dollars per month, commencing with June 1, 1854. No copy of the subscription made by defendant, is annexed to the petition. The judgment by default was a confession of the plaintiffs’ cause of action, but was not a confession of any fact…
2Cited by5 opinions
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