Sterne & Maley Co. v. Chamales, 205 Ill. App. 275 (1917)

April 16, 1917 · Illinois Appellate Court · Gen. No. 22,794
205 Ill. App. 275

Sterne & Maley Company, Appellee, v. Tom Chamales, Appellant.

Gen. No. 22,794.

(Not to be reported in full.)

Abstract of the Decision.

Corpobations, § 307 * —when officer liable for debts made in name of corporation. In a suit to enforce the liability of an officer of a corporation under section 18 of the Corporation Act (J. & A. If 2435), providing that if any person pretending to be an officer .shall assume to exercise corporate powers before compliance with the act, and before all stock shall have been subscribed in good faith, he shall be liable for debts made by him in the name of the corporation, where it appeared that it was proposed to form a corporation, and that the defendant subscribed for stock and was elected vice presi*276dent and personally participated in the business and contracted obligations, and that a charter was issued but was not filed for record until after the delivery of the merchandise in question, held that the case was within said section 18, and that a judgment in favor of plaintiff was proper.

*275Appeal from the Municipal Court of Chicago; the Hon. Chakles N. Goodnow, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed April 16, 1917.

Rehearing denied April 30, 1917.

Statement of the Case.

Action by Sterne & Maley Company, a corporation, plaintiff, against Tom Chamales, defendant, to enforce the individual liability of defendant, as officer of a corporation, for debts contracted in the name of the corporation. From a judgment for plaintiff for $558.79, defendant appeals.

William R. Brand, for appellant.

Frank N. Hillis, Martin Walsh and Guy M. Blake, for appellee.

Mr. Presiding Justice McSurely

delivered the opinion of the court.