Peshtigo Co. v. Great Western Telegraph Co.

Appellate Court of Illinois

Peshtigo Co. v. Great Western Telegraph Co.

50 Ill. App. 624, 1893 Ill. App. LEXIS 491

CourtAppellate Court of Illinois

DecidedDecember 21, 1893

StatusPublished

Cited by1 cases

This text of 50 Ill. App. 624 (Peshtigo Co. v. Great Western Telegraph Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Peshtigo Co. v. Great Western Telegraph Co., 50 Ill. App. 624, 1893 Ill. App. LEXIS 491 (Ill. Ct. App. 1893).

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Opinion

Opinion of the Court,

Gary, J.

The appellant is a corporation, under a Wisconsin charter, to conduct a lumber business. We need not go into particulars as to its character further than to say that there is in it nothing having the remotest allusion to doing a telegraph business, or buying or subscribing for shares in a telegraph company.

Unless ultra vires has ceased to be a defense under any and all circumstances, it is a good defense here for the Peshtigo Company, sued upon an assessment upon shares subscribed for by it. The fact that the court made the assessment upon all stockholders as a class, does not charge the appellant, if it was not a stockholder; and if it be legally incapable of being a stockholder by subscription for shares, then it is not a stockholder.

See the argument and authorities in People v. Chicago Gas Trust Co., 130 Ill. 268, at p. 283, et seq.

The ease having been tried by the court without a jury, final judgment will be entered here for the Peshtigo Company upon a finding of the facts. The judgment of the Circuit Court is reversed.

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