Walker v. Towner
U.S. Circuit Court for the District of Western Missouri
This is an action brought to recover $3,500, as the balance due by defendant upon a subscription by him to the capital stock of the North Missouri Insurance Company, of which the plaintiff is the assignee in bankruptcy.
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This is an action brought to recover $3,500, as the balance due by defendant upon a subscription by him to the capital stock of the North Missouri Insurance Company, of which the plaintiff is the assignee in bankruptcy. The petition in this ease was filed March 20, 1876; but the summons was not issued (by direction of the plaintiff’s attorney, as stated in the plea of -the statute of limitations below mentioned) until November 1, 1876, and was not served until November 2, 1S76. The petition alleges that the company was adjudicated a bankrupt November S, 1S73; that the plaintiff was appointed…
1Opinion of the Court
DILLON, Circuit Judge.
The plaintiff's petition to recover in this case was filed within two years from the date of the order of the district court to the assignee to collect the unpaid stock, but, by direction of the plaintiff’s counsel to the clerk, the writ of summons was not issued until more than two years from the date of that order had elapsed. The effect of this is conceded to be the same as if the petition had not been filed until November 1. 187(i. which is more than two years from the time when the assessment or order to collect by the bankruptcy court was made. If, under the second…
2Cases cited7 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- Lathrop v. DrakeSupreme Court of the United States · 1876
- Stevens v. . HauserNew York Court of Appeals · 1868
- Harris v. CollinsSupreme Court of Alabama · 1848
- Paulding v. LeeSupreme Court of Alabama · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Rice v. United StatesSupreme Court of the United States · 1887
- Ross v. WilcoxMassachusetts Supreme Judicial Court · 1883
- Duff v. First Nat. Bank of WellsvilleU.S. Circuit Court for the District of Western Pennsylvania · 1882