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.