Rowell v. Moeller

The action was brought to charge the defendant as a stockholder of a corporation, on the ground that no certificate of full payment of the stock was ever filed, and that such stock was not full paid. While the original complaint contained an allegation that no certificate that the stock was full paid had been filed, there was no allegation that the stock was not full paid in property, nor did it contain a statement of how much stock, if any, the defendant owned. The order appealed from granted leave to amend the complaint in these particulars. It will thus be seen that the question presented…