Georgia Reports Volume 73

Georgia Reports Volume 73

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...pleas, all of which, except the general issue, were, upon motion, stricken by the court. The defendant sought, under the plea of non assumpsit, to give in evidence the facts set forth in the special pleas which had' been stricken, but upon objection it was rejected, and the plaintiff, by the direction of the presiding judge, had a verdict. The defendant made a motion for a new trial, on many grounds, which was refused. If the judgment striking all the special pleas was correct, there was no errorin any of the subsequent proceedings in the cause, and the motion for a new trial was properly overruled; in short, the entire merits of the defence were covered by the judgment ordering it to be stricken. Among the pleas thus stricken were several to this effect: that the defendant subscribed for the stock in advance of the application for the charter; that his subscription was upon the express condition that the whole amount of the capital stock should be taken before the company should commence operations, and that the academy should be erected only by the subscribers' money; that while the agreement to which he subscribed did not set forth these facts, it was only an incomplete agreement, and showed upon its face that it did not embody all the terms of the contract; that the charter applied for and obtained required some of these conditions; that it was, in fact, fraudulent, not only on this account, but because of positively false representations made in the application therefor, among others, that one-tenth of the capital stock had been paid in, which amounted to $5,000, when, in fact, a much less sum had been paid; that only twenty-five thousand dollars, or one-halfof the capitalstock, had been subscribed; that on that amount...show more

Product details

  • Paperback | 290 pages
  • 189 x 246 x 15mm | 522g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236771214
  • 9781236771216