Great Western Telegraph Co. v. Mears
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District; — heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Richard W. Clifford, Judge, presiding.
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Writ of Error to the Appellate Court for the First District; — heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Richard W. Clifford, Judge, presiding. This was an action brought in the circuit court of Cook county, in the name of the Great Western Telegraph Company, for the use of Elias R. Bowen, receiver, against Charles Hears, as a stockholder, to recover an alleged assessment on one" hundred shares of stock in the company, which, as is alleged, were subscribed for by the defendant. The action was assumpsit, predicated on a contract, as follows, omitting…
1Opinion of the Court
Craig, J.:
The main question presented by this record is purely a question of fact. The defendant, by his sworn plea, denied the execution of the subscription upon which the action was brought, and the controverted question before the jury was whether the defendant had signed the subscription paper put in evidence,' or whether he had authorized his name to be signed, or whether he had ratified the subscription after it had been made. Upon the question of fact thus presented the respective parties introduced their evidence, and the jury found in favor of the defendant. The court entered…
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