Zirkel v. Joliet Opera House Co.

Citations

• 79 Ill. 334

Syllabus

<p>Plea of release from, subscription—avermeyit as to consideration. A plea by a subscriber to the stock of an incorporated company, that lie had been released from his liability on his subscription by a resolution of the board of directors of the company, without averring that there was a consideration to support the resolution relied on as a release, is fatally defective.</p> <p>2. Release from subscription to stock of corporation—power of the company. In a suit against a subscriber to the stock of an incorporated opera house company, a plea that he had been released by a resolution of the board of directors, before the work on the building commenced, without an averment that the company, at the time of the alleged release, was not in debt, was held to be bad, as the corporation could not make such release to the injury of its creditors.</p> <p>3. Same—special plea presenting no material issue not made by general issue. Where the general issue is interposed, which traverses every material allegation in the declaration, and a special plea, which presents no material issue not made by the general issue, and a demurrer to the special plea is' sustained, this court will not reverse the judgment because the case was not tried on the special plea presenting precisely the same issue that was made by the declaration and general issue.</p>