Show THE OGDEN CLAY COMPANY W H Harvey Is the Appellant Before Be-fore the Supreme Court The suit of the Ogden Clay company vs W H Harvey et al appellant was next taken up Attorney Street appeared for the appellant and Judge Hues for the respondent The case came up on appeal from a judgment from the Fourth district court in favor of the plaintiffs the Ogden Clay company com-pany for 72960 and 5910 costs The original complaint filed February Febru-ary 4 1891 set forth that the Ogden Clay company was incorporated February Feb-ruary 28 1890 and that the defendant Harvey subscribed for 20 shares of the stock at the pa value of 50 a share 10 per cent payable April 1 1890 and not t exceed 25 per cent payable monthly until fully paid up I That the calls were duly made but that Harvey paid no part of the amount ot the capital stock subscribed by him i The defendant in his answer says that at the time it is alleged he subscribed sub-scribed for the stock that no such corporation cor-poration was in existence and that at no time since has any such corporation corpora-tion been organized that he at the time of the preliminary meeting subscribed sub-scribed 360 and further that the promoters moters of said proposed corporation wrongfully and illegally took said paper writing signed by the defendant defend-ant and others and attached the same to certain pretended articles of agreement agree-ment for the purpose of attempting to form the plaintiff corporation but that the articles of artcles agreement were never subscribed by any one and that he always openly disavowed all connec conne ton with said alleged incorporation The jury however awarded a judg ment for the plaintiff as above hence the appeal The case was argued and submitted |