Spangler v. Indiana & Illinois Central Railway Co.
Illinois Supreme Court
This judgment was pronounced upon a subscription to stock, reciting that, “ We, the undersigned, promise to pay to the Indiana and Illinois Central Railway Company, .fifty dollars for each share of capital stock set opposite to our names, in such maimer and proportion, and at such times as the directors of said company may order and direct, without any relief whatever from valuation or appraisement laws.”
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This judgment was pronounced upon a subscription to stock, reciting that, “ We, the undersigned, promise to pay to the Indiana and Illinois Central Railway Company, .fifty dollars for each share of capital stock set opposite to our names, in such maimer and proportion, and at such times as the directors of said company may order and direct, without any relief whatever from valuation or appraisement laws.” The pleadings in the case are stated in the opinion of Mr. Justice Breese. On the overruling of the demurrer to the first and second counts of the declaration, the plaintiff below entered a…
1Opinion of the CourtBreese, J.
The first objection is, that the declaration is insufficient. It is urged that the declaration should have averred by what law, or laws, the plaintiff existed as a corporation — that the mere statement that the plaintiff was a corporation, is not sufficient.
There is no ground for this objection. There is an averment that the plaintiff at the time, etc., was, and still is, a body corporate and politic, “ created under the name and style aforesaid.”
By demurring, the defendant admits the fact as averred. If he would deny the existence of such a corporation, he should have put in a plea for that…
2Cited by3 opinions
- Bailey v. Valley National BankIllinois Supreme Court · 1889
- Great Western Telegraph Co. v. BarkerAppellate Court of Illinois · 1894
- Rockford Metal Specialty Co. v. WesterAppellate Court of Illinois · 1924