Bromley v. Goodwin

Citations

• 95 Ill. 118

Syllabus

<p>1. Instructions—by the court—exceptions. The court has the clear right to prepare and give instructions to the jury in lieu of those asked by a party, and if those so given do not contain the substance of those asked by the party he must except to the ruling of the court if he desires to assign the same for error.</p> <p>2. Stoqkholders of corporation—extent of liability for debts of corporation. While it may be true that whenever money is deposited in an incorporated bank, the relation of debtor and creditor is created between the bank and the depositer, that does not necessarily create a personal liability as against a stockholder of the bank. The liability of the stockholder is a creature of the statute, and can not be increased or enlarged beyond the express terms of the statute.</p> <p>3. Same—as to extent of liability of stockholders in Marine Company of Chicago. The charter of the Marine Company of Chicago provides: “ The stockholders in this corporation shall, as to all funds deposited as savings, and in trust with said corporation, while they are stockholders, be individually liable to the extent of their stock,” etc. It was held, this restricts the liability of the stockholders to the particular class of deposits designated—those “ as savings, and in trust with said corporation,” and does not embrace every deposit of money that might be made in the bank.</p> <p>4. Error—will not always reverse. The giving of an instruction that has no bearing on the case, which could not have misled the jury, and the exclusion of proper evidence of a fact already proved and not controverted, afford no ground of reversal, such rulings working no harm.</p>