Chance v. Indianapolis & Westfield Gravel Road Co.

Suit by the appellee against the appellant, commenced before a justice of the peace on a preliminary subscription of stock to the company. The defendant answered under oath, denying every material allegation in the complaint, including the execution of the instrument sued on. The plaintiff in the complaint avers the due organization of the corporation. Trial by jury; verdict for the plaintiff; motion for a new trial overruled.

The plaintiff, on the trial, failed to prove the organization of the company. This was a fatal omission. It is contended by counsel for the appellee, that this was not…