Boyle v. Crawfordsville, Frankfort & Fort Wayne Railroad

Suit by the. railroad company against Boyle upon a subscription of stock.

The capacity of the plaintiff to sue is admitted. The execution of the subscription is admitted. The subscription is payable in cash, is shown to have been due before suit instituted, and the amount is specified in it.

McDonald $ Doaclie, and Suit, Cowan § Sims, for the appellants. Durden $ Davidson, for the appellee.

The defendant, in answer, sets up matter in avoidance.

He alleges that the articles gave him the privilege of discharging his cash subscription by work on the railroad; but he does not show that he ever…