Legal Opinion

McNulta v. Corn Belt Bank

Illinois Supreme Court

Decided November 10, 1896PublishedCited by 57 opinions

Appeal from the Appellate Court for the Third District;—heard in that court on appeal fr'om the Circuit' Court of McLean county; the Hon. Alfred Sample, Judge, presiding.

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Appeal from the Appellate Court for the Third District;—heard in that court on appeal fr'om the Circuit' Court of McLean county; the Hon. Alfred Sample, Judge, presiding. This is an action of assumpsit, brought on January 25, 1894, by appellant against appellee to recover $3750.00, or two and one-half per cent on $150,000.00 of unissued stock, claimed to be due to appellant for accepting the office of president of the appellee bank, and for certain services alleged to have been performed. The declaration, which contains the common counts and two additional counts, declares npon the resolution…

1Opinion of the CourtChief Justice Magruder

It is assigned as error, that the trial court refused to hold as law certain propositions submitted by the plaintiff below, the appellant here. By the propositions so submitted, the court was asked to hold, as matter of law, “that the resolution declared on is a resolution to pay McNulta an amount equal to two and one-half per cent on all stock to be issued in addition to the §100,000.00 past issued', and that the whole per cent was to be due upon the sum of §200,000.00 at the end of two years, whether the stock was issued or not; that it was competent for the directors of the Corn Belt Bank…

2Cases cited15 opinions

  1. Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
  2. Miner v. Belle Isle Ice Co.Michigan Supreme Court · 1893
  3. Wickersham v. CrittendenCalifornia Supreme Court · 1892
  4. Burke v. SmithSupreme Court of the United States · 1873
  5. Kadish v. Garden City Equitable Loan & Building Ass'nIllinois Supreme Court · 1894

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3Cited by57 opinions

  1. Holcomb v. ForsythSupreme Court of Alabama · 1927
  2. Luthy v. ReamIllinois Supreme Court · 1915
  3. State ex rel. Carroll v. Corning State Savings BankSupreme Court of Iowa · 1907
  4. Leigh v. American Brake-Beam Co.Illinois Supreme Court · 1903
  5. Camden Land Co. v. LewisSupreme Judicial Court of Maine · 1905

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