Cross v. Pinckneyville Mill Co.
Illinois Supreme Court
This was an action of assumpsit, originally commenced by appellee, before a justice of the peace, to recover from appellant three installments of 'fifteen per cent, each on two shares of stock of $50 each, alleged to have been subscribed by appellant to said company.
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This was an action of assumpsit, originally commenced by appellee, before a justice of the peace, to recover from appellant three installments of 'fifteen per cent, each on two shares of stock of $50 each, alleged to have been subscribed by appellant to said company. This cause was taken to Perry Circuit Court by appeal, and tried by the court, Breese, Judge, presiding, at October term, 1855. From the judgment of the court below, which was in favor of the company, an appeal is prosecuted to this court. The subscription on which this suit is brought was signed by appellant about one month…
1Opinion of the CourtSoates, C. J.
The principal questions presented upon the argument, are, the defendants have been fully organized under the act of 1849, pp. 87, 88, Secs. 1, 2, 3, 5 ; 2nd—Whether there is sufficient proof of that fact, Sec. 9 ; and 3rd—Whether the plaintiff is liable to the defendants upon calls made upon his subscription to the stock of the "company ; Secs. 6, 7, 10,18.
We answer and resolve all these questions in the affirmative.
Upon the first we remark that the manufacture of lumber, flour and meal is within the meaning of the act; the number of incorporators is sufficient; three may, and here five have…
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