Waukon & Mississippi R. v. Dwyer
Supreme Court of Iowa
Appeal from Allamakee Circuit Court. Action to recover upon a subscription to the stock of the plaintiff company. The contract of subscription is in the following words: “We, the undersigned, do hereby agree to take stock in the Waukon & Mississippi Railroad to the amount of the number of shares set opposite to our names, respectively, subject always to the by-laws, rules, and articles of incorporation of the Waukon & Mississippi Railroad. “Martin Dwyer, 1 share.”
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Appeal from Allamakee Circuit Court. Action to recover upon a subscription to the stock of the plaintiff company. The contract of subscription is in the following words: “We, the undersigned, do hereby agree to take stock in the Waukon & Mississippi Railroad to the amount of the number of shares set opposite to our names, respectively, subject always to the by-laws, rules, and articles of incorporation of the Waukon & Mississippi Railroad. “Martin Dwyer, 1 share.” The petition avers that tlie defendant signed and delivered to the plaintiff an agreement in/writing, of which the foregoing is a…
1Opinion of the CourtAdams, J.
l pleading: contract. The defendant insists that the petition is insúfhcient in that it does not show that any agreement was made with the plaintiff. The agreement, a copy of which is set out, purports to be a subscription to the stock of the Waukon & Mississippi Railroad. The name of the plaintiff is the Waukon & Mississippi Railroad Company. Whether the difference between the two names is such that the petition for that reason might be deemed insufficient we need not determine. No point of that kind is made by the appellant in his argument, and we assume that the point was not designed to…
2Cases cited3 opinions
- Chester Glass Co. v. DeweyMassachusetts Supreme Judicial Court · 1819
- Spear v. CrawfordNew York Supreme Court · 1835
- Vawter v. Ohio & Mississippi RailroadIndiana Supreme Court · 1860
3Cited by9 opinions
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- Mechanics Savings Bank v. GishSupreme Court of Iowa · 1925
- Nulton v. ClaytonSupreme Court of Iowa · 1880
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