Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1857-12-30
News of the Neiehhnrhnni
N0"S VI tue
Liability of Subscribers to Rail Ro,

News of the Neighborhood.
Liability Of Subscribers to Rail Road
Stock.
We extract from the New Castle, (Pa.)
journal. the following:
The North Westerly In the Court of
Rail Road Compeny.( Common Pleas.
es. Stated case.
Wv. Donnelly.
The Plaintiff claimed on niue install
ments of five shares. subscribed by the
defendant TO the Capital Stock of the
North Western Raj! Road Company
Tne subscription was made in the books,
opened by the Commissioners appointed
in the act of incorporation, to organize
the company. The facts were agreed
upon and submitted to the Court.
OPINION OF THE COURT, AeNEw, P. j..
We think none of the grounds alleged
in defence, will avail.
The insolvency OF the mpa and
the fact that it has undertaken a work
too great for its means, which constitutes
Cd, Sd, 4th and 9Th reasons or grounds
OF defence are not sufficient TO protect the
subscriber from payment of his stock
Perhaps one of the reasons that the com
pany has been compelled to desist from
its work. is the fact that many of the
subscribers have failed to pay and furn-
ish the means of completion. At all
events equity requires that all the sub
scribers should pay in order that the loss
should be equally apportioued; otherwise
those who have paid up must bear an nm
due proportion of the losses.
The defence which the counties ofBut-
Ter and Lawrence may successfully make
hereafter 10 their subscriptions afford no
defence. The subscriptions of thcs coun.
ties were to the stock of the company af-
ter its charter had been procured and it
had been organized. while the subscrip.
ton of the defendant was made before
the charter was obtained. The subscrip-
tons Of the counties could not therefore
have been IN cause of The defendants
subscription, and was not relied on by
him. They did not in anywise enter in
to consideration OF his contract, and a
failure 10 collect them. cannot constitute
a failure of consideration. The subscrip-
ton not being denied and the calls for
the instruments having been duly made
and notice given the plaintiffs are entitled
to ecover.
AcuT.Dur A r. Nruu Trep0- p .,r1o.1
The Annual Elestion OF Dir ectors of
this road will take place on the 7th of
January, 1858. at Bloomfield, Trumbull
county, Ohio.
Mas. PARKS VS.. SUMMIT CouNTY.--The
wife Of Robert Parks, who was executed
in this city for the murder Of Beatson,
has received a judgment against the
Prosecuting Attorney OF Summit county
fer a snm Of money. found upon her at
the time of her and her husbands ar
rest-S75o. and interest 10 date. The
suit was brought before the Common
Pleas Court of this county.-BeaeOH.
MAN vi IllOdN 1887
Michael CASTILLO, and Irishman, was
found drowned in one of the canal lJcks
west of town. 1t was supposed that he
had fallen into the water on the Wednes-
day previous. not having been seen or
beard of from that time until he was ac-
cidentally discovered at the time above
stated. The deceased was about forty
years Of age, and leaves a wife and FIVE
children in destitute circumstances
Nw Ltsbon Buckeye StGte.
BROKE JAIL = On Monday evening of
last week, three prisoners. O,hol M'Don-
aid. Joseph Williams and Oliver Grin
hells. escaped from-the Jail Of Mercer
county. by scaling the walls of the jail
yard, in which they evidently had assis-
lance. says the Wing. M'Donald is
charged with crime of rape, against
whom a bill was found at last Sessions.
and the others with larceny. They had
on hobbies when they made their escape.
Sheriff. Smith offers a reward of 500
for their apprehension and delivery at
the Jail, or a proportionate reward for
either OF any oil them.-New Castle
Journal.
HoRRIBLE.-On Wednesday the 9Th
inst. Mr.. R. Thatcher, of Litchfeld,
was attacked and terribly lacerated by a
boar owned by him. The animal had
escaped into the road. and as Mr.. T. was
returning it to the enclosure it turned up
on him suddenly and attacked him with
perfect fury. He was thrown down with
great violence and barely managed TO
escape by crawling 10 a fence near by.
and lifting himself on 10 it with his hands.
When discovered he was in a truly pitt.
able condition. his legs literally chdWed.
the flesh torn in shreds and the blood
pouring from his wounds. His recovery
is extremely doubrful.-Nedina GaseHe.
DEATH OF MRs. KIKTLAED.-The large
circle OF friends Ct the family Of Prof.
Kirkland will be saddened 10 learn Of the
death of Mrs. Kirkland, which occurred
on last evening about 2 o'clock. The
deceased had been i'll for some weeks,
part of that time confined to her bed
Yesterday, however. she was. apparent.
", decidedly better. and at evening di
rected her chair to be arranged, as she
intended to sit up two or three hours -
On getting from her bed she became
faint, falling into her chair, and imme-
remarking that she was dying,
or words TO that effect. asked to be again
laid upon her bed, where in a few min
utes she breathed her last 2ereland
Herald.
ABSENT MINDED "A hudson. o. pa
nor states that ms a nassenoer train was