Commerce Trust Co. v. Hettinger

Plaintiff is a banking institution in Kansas City known as a trust company and does a general business common to such companies. It instituted this action to recover of defendant that part of his subscription to the capital stock of a certain other trust company known as the American Trust Company of Kansas City, which he had not paid and obtained judgment in the trial court.

It appears that defendant and others on the 18th of January 1911, executed articles of association preliminary to the incorporation of the American Trust Company. These articles recite that the capital stock was one…