Marinoni v. Schiro

‘Plaintiff: sued on an alleged subscription for capital stock in a corporation. The corporation being insolvent, the suit is for the benefit of creditors. The instrument sued on is annexed to the petition and defendant answered that “he owed plaintiff nothing.” Thereafter he answered that his signature to the document wqs obtained by certain false representations touching the conditions of the finances, the officers to be appointed, etc.

■That part of the defense based on defendant's signature having been obtained by alleged fraudulent representations is not presently urged, and the first…