66 W. Va. 321 | W. Va. | 1909
The declaration states that on the 37th day of May, 1903, John T. McGraw made a subscription of one thousand dollars to the capital stock of the Salem Terminal Traction Company, a corporation. He paid one hundred dollars on his subscription. On the 13th day of August, 1903, the board of directors of said corporation passed an order that all stock subscriptions were due and requiring their payment in full. Of this Mc-Graw was notified. He not paying, the corporation brought an action of assumpsit against him in the circuit court of Harrison county. McGraw appeared and pleaded the general issue. On the 35th day of September, 1907, the case was tried by a jury, McGraw not appearing, and the jury found a verdict against McGraw for twelve hundred and thirty-eight dollars and fifty cents, and the court rendered judgment for that sum with interest from the verdict.
After the judgment had been rendered McGraw filed his affidavit to the effect that he had an understanding with J. E. Law, the attorney for the plaintiff in the suit, who was also vice president, and with Homer B. McKinley, the treasurer, that the action should stand continued until the directors had made a settlement of the affairs of the company and ascertained its in
Under these circumstances nothing remains for us to do but to affirm the judgment.
Affirmed.