, 1873-05-31

Increased, until d rosenblod the angry mnttor-
hnge Of IN ovot hoad thun1or-stornn, nna sng-
suake's birt6h. auahing up the atops Of
o totterlng str1,a tufe the reporter ontorcd tnat
t o. o Of
tho mystery waa .unravoled. 1t waB Sidney
emith addressing hho jury in tho oyster caao;
Trembling with pcn.t-up passion and Thousand
@'sid" delivered his earthquake Of oloquence,
sloworing lava-bod of words upon tho awe-
struck jury. The Court Clerks room did fair
amount Of busineBs. Az may be inferred, Judge
moss was transacted, n,,ro tho chief interest
t1o Judge delivered @ ' lie feanoNwlng decision ln
Aho
mALnAcK SMELLING AND Rtr1siNo COMPANY CASE !:
The cases arc Nathan Corwith OF al. v. Belden
T. Culvor, and i. W. Dlatol,fu.d ct al Y. Tho
'6amo. Tho Court said:
ewo il tic anne and tey rnny, therefore, nppro
b ne &c together eso ssons
nanodt tho "1alback Smelling and Refining Company"
ans e as Of e. r. sgeSt e 5
he aes aross, isi Shch provides ss % tnat stock
holder. of every such company shall bo individually
sequal to The amount Of stock held by ill., 70
specttvely for a debts and contracts Insde
e 5een a' a ' M %ss es esr
shesofor made: and flied rs therein roquirod." lo
eonmon law, and q created BY the State and viii no
attach unIcaa Tho dctondans shown to 10 clearly
The Claims Of tho plaintt9 wero reduced to Judgment
against tho Company, and inasmuch as the original
on behalf Of tho defendant that il must bo msde to
appear that he w1s atoclholler at tho date Of tho
sonraetca Dnt thnE doubtful wSothar ss' s"eh us
'e1owlng IL necessary to create liability under the
pltssse q H. q 1T ssa s q s sS e. sy %
1eadant was stockholder when tho debts were con
1saSte no was 20 when TIC judgments wsra rendered.
and, therefore, the truo inquiry is, whothor he
stockholdor II this Company at all. Il appears that
lho aefensan5 at tho Organization ot ths 0omps
aud continued to preside at tho meetings Of tho Com
pany for several months and then resgned and gaze
capital stock Of the concern. Tho holding and
4sehargne ~, Of -, an - Official position IN the
VIII M TO- s. sSy tse
soa 81 ssaa9 sns saay Meis sSa
9nan's case Law Aep Eq esBss, Got. soel '. Dunn,
fartlar nppesfs from ROM tbs evidence that tho de-
asnda9t haa no o. Rsd for stock IN ha Company snd
{.Fould undoubtedly DO excluded from denying tie
velason, but where thoy wanting in tha easo,
not conclusive since these things only constitute
I. 'aay bo Observed, howoFer; that our own courts
sn nn9e Wpiviug corcatea i stock afe Necessary to
comstit es poraon atockholder. Chaao v. Seymour
Court snd R. H. Co., 81 Ill.,, ?. 218; Stool " Dunn.
a. The ma t ground upon which It IL rought to show
hat <snans sGekhder d T.
an wh t,s was ota'. e,st'nod to to- hayG s9. been
%s tbo mn srstgnod Subscribers hereto asree to
.te ~ Set oppOslto OUT nses in the capital
to which tho del eadants name was attached ia sub
Il vas objecea is,at 1t incompetent for defend
in tn ehew TIM EirCuluatAnCea HttGnlaut QpOp tho
hgntng the pal er and the object in view in prepar-
zed Tana roo1 :hurg II. L. Co. stoin, II Ills, 90.
1ssord1g Nj ,oTas VIZ t appessg Tas r.,
only upon condition. vt 10 succeeded N eaecting
boani @ to saeserIe erssser y Fiko county Rail.
road Is 1, sos. But ssdes Ibis, hnk it u Just
lhe paper understood that 'they we1, thcn making
subscription to tho capital stock. bin that they were
y a ten et se sPoud
come 10 bo formed. ldr. Warnur, ,t'e &c.,
ssry tSry of r. tho Company sass tat h. ,ont son
md did not oysn look for it when 10 romove, tho
eooks and papers Of the comrany from tho uon>'re
Pany ever recognized II oiEaa1ly a. binding obliga-
tlon: inuee Il aoss not appear clearly TINT the Com
property, OF that they ever hid clam to It. On tho
esontsary It does not appear that It was in tho con-
so1no members of the Company unofolay examined
= and Taa 80 Remaining When 1t destroyed by tho
Some general testimony has bcon introduced tend
8 70 SHOW admisaions on therart Of defendant that
ho haa az interest IL tue Company, which migh. hc
Explained npoA tho hypothesis, furnished by tho owl
en s that hs Ind to tho
declare him to he ssockhodUr, or to csop hm from
Denying that ho ta sueh vRon the whole oyldenec
HsH stockhol1or 1u the Company te not sustained.
!. uther tscsa ars made wiota deem i unnecessary