Kipp v. Bell

Citations

• 86 Ill. 577

Syllabus

<p>1. Amendment—pleadings. There is no error in allowing a plaintiff to amend his declaration.</p> <p>2. Pleading—special demurrer—statement of cause. A demurrer to a plea which states the ground of demurrer to be “that the plea is double, and alleges two grounds of defense,” is not a sufficient specification of duplicity, and can not be considered. It should state in what the duplicity consists.</p> <p>3. Same—plea—whether double. In a suit by a creditor of a private corporation against a stockholder, under the act of 1857, a plea that at the time the indebtedness accrued the defendant had paid all the capital stock he had subscribed for, and that he had paid to the creditors of said company an amount of money equal to the amount of stock held by him, is not bad as presenting two grounds of defense. Such plea need not state the names of the creditors to whom the money was paid.</p> <p>4. Same —generally. The rule requiring certainty in pleadings as to time, place, numbers, persons, etc., is subject to many exceptions, and in modern practice is not enforced, except where such certainty becomes material and essential to a right of recovery or defense, or its want would give one party an improper advantage over the other.</p> <p>5. Cobporation — liability of stockholder to creditor. Payment in full ot the stock subscribed by a stockholder in a private corporation, organized under the act of 1857, will not discharge him from liability to creditors of the corporation. To malee it have that effect it must be shown that all other shareholders have done the same thing, and a certificate of the fact has been filed in the clerk’s office, as required in the 10th section of the act.</p> <p>6. Where a stockholder has paid the corporation in full for his stock, and has also paid a like sum to the creditors of the company, he will be discharged from all liability for debts of the corporation contracted thereafter.</p>