Chandler v. Brown

This was an action of assumpsit, by appellant, as receiver of the Lamar Insurance Company, against appellee, to recover the balance remaining unpaid on his subscription to the capital stock of that company.

The declaration, after amendment, was composed of eiffht counts, but appellant subsequently entered a nolle prosequi to all but the first and second-counts, and to these appellee demurred. The court sustained the demurrer, and the only question raised by this appeal is, was the demurrer properly sustained.

So far as it is necessary to notice the allegations in these counts, they are the same.