Boeppler v. Menown

An insolvent manufacturing corporation made an assignment to the plaintiff, under the statute, for the benefit of its creditors. As such assignee, the plaintiff has brought the present action against the defendant, a stockholder in the corporation, to recover the balance remaining unpaid upon his shares of stock, alleging in general terms “ that the whole amount of said unpaid bal- . anee on said stock * * * is needed to pay the debts of said corporation.”

The answer is : 1. A general denial. 2. An allegation that no call for the unpaid balance sued for has been ■ made either by the…