Tonica & Petersburg Railroad v. Stein
Illinois Supreme Court
This was an action of assumpsit commenced by the plaintiff in error against the defendant in error, in the Menard Circuit Court, Harriott, Judge, and by the said company brought to this court by writ of error. The action was brought to recover for price of stock subscribed.
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This was an action of assumpsit commenced by the plaintiff in error against the defendant in error, in the Menard Circuit Court, Harriott, Judge, and by the said company brought to this court by writ of error. The action was brought to recover for price of stock subscribed. The cause was first tried before a justice of the peace, where the jury found a verdict for the railroad company, and this was appealed to the Circuit Court of Menard county, and there tried, and in which court the jury found for the defendant. On the trial below, the railroad company proved and read their charters, proved…
1Opinion of the CourtBreese, J.
This suit was brought originally before a justice of the peace, and by appeal taken to the Circuit Court of Menard county, where a judgment was rendered in favor of the defendant. The case is brought here by writ of error, and the principal error relied on to reverse the judgment is, that the court below admitted parol evidence to explain the defendant’s subscription to the capital stock of the railroad company.
It will be perceived that this is a case in which the defendant did not actually sign the subscription book. The stock was subscribed by another person, by writing the name of the…
2Cited by5 opinions
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