The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-12-08
THE COURT RECORD.

1922. Carney VS.. ellison. Lawrence G. c.
Reversed. Jordan, il The capital stock
OF corporation is held to be a trust fund
for the payment of its creditors and when
a stakeholder has paid the full par value of
his stock his liability is terminated, and in
an additional liability he cannot be com.
PEELED to respond to the corporation nor it's
creditors in payment of any debts or obliga-
tons except In cases where there has been
failure to duly incorporate, whereby the
members of the concern may be said to con-
stitute copartnership and become liable as
partners for the payment of the debts of
the concern. 2. A receiver of a corporation,
in the absence of some statutory authority,
cannot sue to enforce liability created by
creditors, Independently of what they owe
the corporation on the amount of their
stock. 3. A receiver in suit against stock
holders for an assessment on stock may
join all the defendants in one suit, although
the defendants are residents of different
counties in the State. 4. Before a receiver
can bring suit against stockholders in a
corporation he must have authority from
the court appointing him to bring such ac-
ton, which authority must be alleged In
the complaint and proven on trial.
1883. Moore VS.. Gary. Ohio c. c. Re-
versed. Monks. J.-By an item in his will
the testator devised all his real estate to his
wife, who survived him. during her natural
life. BY subsequent Items in his will he
provided as follows: ''Sixth-At the death
survive my said wife, / give, grant. devise
and bequeath all of the remaining portion
OF my personal property, llcluulUS money
on hand or outstanding, and all my real es-
tate, Of every kind and nature whatsoever
to the said John c. Wells and to his heirs,
being his children, forever. SEVENTH fur
ther direct that if said John c. Wells shall
die without issue, that is, without heirs be-
ing his own children lawfully begotten;
living at the time of his death, or If said
John G. Wells shall die before my said wife
and she should survive me, then, at her
and sad John 6 Wes THEN at my deS
my estate, or the remaining part thereof,
shall be reduced to money by the sale of the
real estate and personal property other than
money, and the same. when SO reduced to
money, shall be divided into three equal
parts" The testator died in 1919. and his
of the testator died in 1851. John C. Wells
was married in 1851 and died in 1893 without
children or other descendants living at the
time of his death, his children having pre-
viously died unmarried. Held that, as John
c. Wells died after the death of the testator
and without issue living at the time OF MS
will took effect at that time. and is valid
1884. City of Shelbyville VS.: Phillips: Bar
tholomew c. G. Affirmed Howard n1 e. sr S;d
statement of facts made out and signed by
the parties there must be an affidavit filed
showing that the controversy is real and
the proceedings are in good faith The. APP
reliant must take an exception to the decl-
sion or finding of the trial court in an
agreed case.
Appellate Court.
Marion c. C. Affirmed. Robinson, G. j.
l. An action for malicious prosecution may
be maintained against corporation z. As
a corporation can only act through an orn-
Ger or agent, when the former is charged
with having done an act. such allegation
will be held to mean that the act was done
by an officer or agent. 8. A plaintiff is not
bound to plead facts which are peculiarly
within the knowledge of the defendant 4.
Whether there was probable cause for nav
ing a person arrested must he determined
from those facts and circumstances known
to the person causing the arrest at ana De-
fore the time the prosecution was instituted:
s. In an action for malicious prosecution, If
the facts found by the jury show want or
probable cause in the prosecution, 1t IS not
material whether the accused is guilty or
innocent of the crime with which he is
charged 6. The duty of settling and signing
bin Of exceptions Is Juqc abs re core e for
the court to decide questions based there
225S. Russell VS.. Stoner Marion s. 9. Pc
tition for hearing overruled. Comstock, j.
The purchase of lumber by the husband on
his own account will not render the WlIe
liable for the material when she has no
knowledge of the contract or in no wise
sanctions the same.
2614 State of Indiana VS.. wabash Paper
Company. Cass, G. G. Reversed. Whey, y.
i. The question as to the suf1ciency OF the
Indictment in this case is decided upon the
case Of the state OF ino1an r vs. when i9ss
anpeIlee desires to present questions to this
court for decision it his duty to assign
cross errors. 8. Eindl JuuBIHeHI may pS
shown by a nunc pro tune entry 4. Where
an unlawful act Is begun In one county anu
comnieted in another, the venue may be
laid in either county Note--Per Curiam,-,,,
After cases are distributed the records VIII
not be permitted to be taken out except upon
written application showing cause.
2O97 c. & E. r. r. Co. VS.. Bailey. PULASKI
c. c. Petition and brief filed to modify
Sl2S. Union S. B. & T.. Co. VS.. Lounge
Company. Marion s. c. Appellee files pc
tition for rehearing.
Superior Court.
Room 2-Lawson NJ. Harvey, Judge.
d H Rowlus trustee, VS.. Robert Thomas.