Smith v. Bruhn

This action was brought to enforce the constitutional and statutory liability of defendant as a stockholder owning 20 shares of the corporate stock of the Bank of Tea. Judgment below was for the plaintiff, and from that judgment and an order denying a new trial defendant has appealed.

The proposition raised is that the liability sued upon had become unenforceable by reason of the fact that appellant was duly adjudicated a bankrupt and no claim filed in the bankruptcy court. The Bank of Tea was closed and its affairs taken over by plaintiff on June 3, 1923, but the date when it appeared to…