Herbert Tempest v. Noleak Co.

NILES, J.—

In this case the testimony shows that the plaintiff, together with Mr. W. W. Parker, Mr. Constable and Dr. McDonald, agreed to form a corporation, and agreed upon their respective contributions to the stock of the same; that Mr. Constable and Dr. McDonald paid certain money on account of their subscriptions to the Drovers and Mechanics Bank for the use of the corporation which should thereafter be formed, and an account was opened in the name which had been chosen foi' (his corporation. The evidence also shows that, in the expectation of the *72formation of this corporation, certain…