Cole v. Joliet Opera House Co.

Citations

• 79 Ill. 96

Syllabus

<p>1. Pleading—a plea of fraud in obtaining a subscription should state the facts constituting the fraud. In a suit upon a subscription to the capital stock of a company, a plea that “ the company fraudulently got possession of the subscription of said defendant, and that it fraudulently obtained the signature of the defendant to the subscription by fraudulent representations, and that the company knowingly committed such fraudulent acts,” without averring the facts constituting the fraud, is bad on general demurrer.</p> <p>2. Subscriptions to capital stock—when payable in a certain time after call, subscriber should have notice of call for that length of time. Where, by the terms of subscription to capital stock, it was to be paid in installments, within twenty days after call by the proper authorities, it seems that a subscriber is entitled to twenty days’ notice of each call before he can be sued for the installment due under such call.</p> <p>3. Evidence—proof as to giving notice. In a suit for a balance due on a subscription to the capital stock of a company, which was payable twenty days after the subscriber had notice of the call for it, the only evidence that the defendant had had the twenty days’ notice, was the testimony of the secretary of the company, that “notice of the several calls was sent to the defendant in every case; the notices were sent to him in every case; the secretary issued the notices of calls of installments Meld, for aught that appeared from this evidence, even if it could be inferred that the defendant received the notices, they might have been sent the day before the suit was brought, and that the evidence was not sufficient to show a cause of action.</p>