Atwood v. McKenzie-Waterhouse Co.

— Action to rescind a subscription for capital stock of a private corporation, and for the return of a promissory note given in payment therefor. The demurrer of the defendants to the complaint was sustained, and plaintiffs having refused to plead further, a judgment was entered dismissing the action. They have appealed. Inasmuch as the sufficiency of the complaint is the only matter before us, it will be necessary to set out considerable portions of it.

It alleges that the respondent, Kelly, is the duly appointed, qualified and acting receiver of the respondent corporation; that, on January…