Noble v. Callender

Ohio Supreme Court

Noble v. Callender

20 Ohio St. (N.S.) 199

Ohio Supreme Court·Decided December 15, 1870·Published

Opinion

By the Court.

The motion must be overruled. Whatever should be the effect of this collateral agreement as between the subscriber and the company, it is quite clear to us that as between him and the creditors of the company, or as between him and his co-stockholders, he cannot be allowed to set it up to their prejudice. The case comes within the principle decided by this court in the case of Henry et al. v. V. & A. Railroad Company, 17 Ohio, 187.

Motion overruled.

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By the Court.

The motion must be overruled. Whatever should be the effect of this collateral agreement as between the subscriber and the company, it is quite clear to us that as between him and the creditors of the company, or as between him and his co-stockholders, he cannot be allowed to set it up to their prejudice. The case comes within the principle decided by this court in the case of Henry et al. v. V. & A. Railroad Company, 17 Ohio, 187.

Motion overruled.

Noble v. Callender, 20 Ohio St. (N.S.) 199 (Ohio 1870).

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20 Ohio St. (N.S.) 199 (Noble v. Callender) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.