Excelsior & Eureka Petroleum Co. v. Maxwell
Excelsior & Eureka Petroleum Co. v. Maxwell
Opinion of the Court
Opinion of the Court by
The appellants, incorporated on a broad scale for a magnificent
This suit seeks the enforcement of that pledge by contributions from the appellees and others as stockholders.
The petition charges that they were subscribers, and that their respective subscriptions were entered in a record exhibited as evidence. Th appellees denied that their names as inscribed therein, were signed by them. And, on that apparent issue, the circuit court dismissed the petition, as against those pleaders. This was erroneous. The appellees do not deny that they were stockholders, but only that the exhibit as evidence of that fact had ever been signed by them. Nevertheless they may have been subscribers and the record may certify the truth even though' they never signed their names as therein inscribed.
Wherefore, the .judgment is reversed and the cause remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.