Weber v. Fickey ex rel. Lanahan
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. Frederick Fickey, Jr., tbe appellee, having recovered judgment on the 21th September, 1812, in tbe Circuit Court for Baltimore County, against tbe Baltimore County Marble Company, brought suit thereon in the Superior Court of Baltimore City against the appellant, as a member ef said corporation, whose subscription to its stock was not fully paid.
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Appeal from the Superior Court of Baltimore City. Frederick Fickey, Jr., tbe appellee, having recovered judgment on the 21th September, 1812, in tbe Circuit Court for Baltimore County, against tbe Baltimore County Marble Company, brought suit thereon in the Superior Court of Baltimore City against the appellant, as a member ef said corporation, whose subscription to its stock was not fully paid. The appellant demanded a hill of particulars, which the appellee resisted, upon the ground that the cause of action was set forth with sufficient certainty and particularity iu the declaration. The…
1Opinion of the CourtBrent, J.
The consideration of a demurrer goes back to the first error in the pleadings. This we find in the declaration in this case, which does not disclose a sufficient cause of action to enable this plaintiff to recover.
The exhibition of the articles of incorporation shows that he is one of the original corporators, and the holder of stock in the company. His suit is to recover from another stockholder, to the extent of an unpaid subscription, for a debt alleged to be due from the corporation and is brought under the provisions of the Act of 1872, ch. 325, sec. 59. This section provides that all…
2Cases cited2 opinions
- Hager v. ClevelandCourt of Appeals of Maryland · 1872
- Garling v. BaechtelCourt of Appeals of Maryland · 1875
3Cited by11 opinions
- Glenn v. WilliamsCourt of Appeals of Maryland · 1883
- Meriwether v. Crown Investment CorporationSupreme Court of Alabama · 1972
- Hooper v. Central Trust Co.Court of Appeals of Maryland · 1895
- Thompson v. MeisserIllinois Supreme Court · 1884
- Murphy v. WheatleyCourt of Appeals of Maryland · 1906
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