Stone v. Great Western Oil Co.
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. Van H. Higgins, Judge, presiding. This was an action of assumpsit brought in the court below by the Great Western Oil company against Andros B. Stone, to recover the amount of a call on the subscription of the defendant to the capital stock of the company, in contemplation of its becoming incorporated under the act of February 18, 1857, authorizing “ the formation of corporations for manufacturing, mining, mechanical or…
Read the full summary
Appeal from the Superior Court of Chicago; the Hon. Van H. Higgins, Judge, presiding. This was an action of assumpsit brought in the court below by the Great Western Oil company against Andros B. Stone, to recover the amount of a call on the subscription of the defendant to the capital stock of the company, in contemplation of its becoming incorporated under the act of February 18, 1857, authorizing “ the formation of corporations for manufacturing, mining, mechanical or chemical purposes.” The defendant pleaded the general issue and nul tiel corporation. The cause was tried before the court…
1Opinion of the CourtJustice Breese
The questions raised on this record by appellant are: First, that the plaintiffs did not, under the plea of nul Uel corporation, establish their corporate existence by showing a strict compliance with the provisions of the statute; second, if the defendant was liable to pay calls made upon him, those calls must be made in conformity with the statute, and one call only, and that for the whole amount due on the stock subscription, is not sufficient; and third, that the paper declared on shows on its face that it was without consideration, and shows no promise.
In support of the first point,…
2Cases cited8 opinions
- Baker v. Administrator of BackusIllinois Supreme Court · 1863
- Cross v. Pinckneyville Mill Co.Illinois Supreme Court · 1855
- Tarbell v. PageIllinois Supreme Court · 1860
- Swift v. WhitneyIllinois Supreme Court · 1858
- President & Trustees of the Town of Mendota v. ThompsonIllinois Supreme Court · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Rush v. FrenchArizona Supreme Court · 1874
- Lipscomb v. StateMississippi Supreme Court · 1897
- Randle v. Winona Coal Co.Supreme Court of Alabama · 1921
- Chicago & Eastern Illinois Railroad v. WallaceIllinois Supreme Court · 1903
- Bullis v. NobleSupreme Court of Iowa · 1873
10 more not listed; retrieve them via the Exa API.