Allen v. United Zinc Co.

The defendant in error brought an action against Allen on two promissory notes. Allen filed five pleas, four of which were excluded by demurrer. There was judgment for the plaintiff and on writ of error the defendant below, contends, that there was material error in sustaining the demurrer to the four pleas. The notes were given for subscription to corporate stock.

In effect the excluded pleas aver that the plaintiff represented to defendant that the plaintiff corporation was prosperous; that the plaintiff corporation had sold a large amount of stock to various persons and that it all had been…