Chicago, Peoria & St. Louis Railway Co. v. Ayres

Citations

• 140 Ill. 644
• 30 N.E. 687
• 1892 Ill. LEXIS 1175

Syllabus

<p>1. Railroads—power of two or more to make joint contract. Whether, as a general proposition, corporations may contract joint obligations, there is no doubt of the power of two or more railway companies whose roads form a continuous line, to enter into a joint arrangement for operating their roads as one line, and to become jointly liable for all money borrowed to be used in furtherance of the business of such line.</p> <p>2. Contract—alleged fo he made “in the fall of 1887”—evidence supporting the averment. Where the evidence showed that four railroad companies opened an aecount with a bank on March 6,1887, and their agreement to pay interest on overdrafts was made some time between that date and the October following, this will be suiflcient to support an instruction submitting the question as to the making of the contract in the fall of 1887, as September is regarded as a fall month. Moreover, the dispute was as to the joint liability of the defendants, and not as to the agreement to pay interest.</p> <p>3. Appellate Court—judgment of affirmance conclusive as to joint liability of defendants. The judgment of the Appellate Court affirming that of the circuit court, against several defendants, is conclusive as to their joint liability in an action ex contractu, as well as of the other controverted questions of fact.</p>