Legal Opinion

Terre Haute & Alton Railroad v. Earp

Illinois Supreme Court

Decided January 15, 1859PublishedCited by 2 opinions

This was a suit in assumpsit, instituted in the Circuit Court of Shelby county, by the Terre Haute and Alton Railroad Company, against Daniel Earp, the defendant in error, to recover the sum of five hundred dollars, subscribed by him for ten shares of the capital stock of said company.

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This was a suit in assumpsit, instituted in the Circuit Court of Shelby county, by the Terre Haute and Alton Railroad Company, against Daniel Earp, the defendant in error, to recover the sum of five hundred dollars, subscribed by him for ten shares of the capital stock of said company. The defendant, in the court below, filed various pleas, upon several of which issue was taken, and others were demurred to ; but the only question presented to the court upon the record in this cause, arises upon the fourth plea of the defendant, which is as follows, viz.: “ And for further plea in this behalf,…

1Opinion of the CourtCaton, C. J.

The principles by which this case must be ■ determined, have already been settled by repeated decisions of ■this court, and we do not feel called upon to discuss them again ;at length. By the second section of the act amending the ■charter of the plaintiff, passed on the 28th of February, 1854, it was authorized to take stock in other roads, and in pursuance of that authority, it purchased a majority of the stock of the ;road from Alton to Illinoistown, and- this is the act set up as .releasing the defendant from his subscription. That it was for the interest of the plaintiff to obtain the…

2Cases cited2 opinions

  1. Illinois River Railroad v. ZimmerIllinois Supreme Court · 1858
  2. Sprague v. Illinois River RailroadIllinois Supreme Court · 1857

3Cited by2 opinions

  1. People ex rel. Paris & Danville R. R. v. HoldenIllinois Supreme Court · 1876
  2. Ravenswood, S. & G. R'y Co. v. Town of RavenswoodWest Virginia Supreme Court · 1896

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