Andrews v. Roanoke Building Ass'n & Investment Co.
Supreme Court of Virginia
Appeal from a decree of the Hustings Court of the city of Roanoke, pronounced Hay 21, 1899, in a suit in chancery, wherein the appellant ivas the complainant, and the appellee was the defendant. This cause was heard on the bill and exhibits, and on the demurrer, and jileas of the act of limitations of the defendant, “and the joinder of said comjilainant in the issue made by the said plea and demurrer.” Ho proof was offered excejit the exhibits filed with the bill.
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Appeal from a decree of the Hustings Court of the city of Roanoke, pronounced Hay 21, 1899, in a suit in chancery, wherein the appellant ivas the complainant, and the appellee was the defendant. This cause was heard on the bill and exhibits, and on the demurrer, and jileas of the act of limitations of the defendant, “and the joinder of said comjilainant in the issue made by the said plea and demurrer.” Ho proof was offered excejit the exhibits filed with the bill. There ivas no charge that the comjianv was not able to pay its indebtedness. As the court decides against the defence set up by…
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
Appellant instituted his suit in the Hustings Court of the city of Roanoke, on behalf of himself and all other creditors of the appellee, on the 30th of September, 1898, in which he states that he is the owner of ten shares of the stock of the company, upon which he had paid $500 in monthly instalments of $10 each; that on the 20th of April, 1893, he gave notice of with*454drawal to the company in due form; that under the by-laws, .as they then existed, his notice did not become effective until the 20th of the ensuing May; that on the 15th day of…
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