Estell v. Knightstown & Middletown Turnpike Co.

—The appellee sued the appellant to recover the amount of his subscription to its capital stock. He demurred to the complaint, on the ground that the appellee had not legal capacity to sue, and that it did not contain facts sufficient to constitute a cause of action. His demurrer was overruled, and he excepted to the ruling. He then answered, first, by denying that he executed the articles of association sued on, which was verified by his own affidavit; second, a general denial.

The cause was tried by the court, finding for the appellee, motion’for a new trial overruled, exceptions, and final…