Legal Opinion

Achenbach v. Pomeroy Coal Co.

Court of Appeals of Kansas

Decided November 11, 1895No. Nos. 32, 33PublishedCited by 3 opinions

Memorandum.— Error from Washington district court; F. W. Sturges, judge. Actions brought by The Pomeroy Coal Company against The Lincoln Stone and Marble Company, and by The Western Newspaper Union against same. In each action judgment was rendered for the plaintiff. In each case a motion was made for execution against Louisa M. Achenbach, as administratrix of the estate of T. M. Achenbach, deceased, and granted, from which orders she brings the cases here.

1Opinion of the Court

The opinion of the court was delivered by

Gar ver, J. :

These two cases involve substantially the same facts, and the decision in each case turns upon the answer which shall be given to the question : *358Can the individual liability of a stockholder in an insolvent corporation be enforced through the summary proceeding by execution against the estate of a deceased stockholder which is ill course of settlement in the probate court? Our attention has not been called to any case in point, and we have found none, but, upon principle, we think the question must be answered in the negative. In these…

2Cases cited3 opinions

  1. Flash v. ConnSupreme Court of the United States · 1883
  2. Hentig v. JamesSupreme Court of Kansas · 1879
  3. Nolan v. HazenSupreme Court of Minnesota · 1890

3Cited by3 opinions

  1. Schwartz v. LoftusCourt of Appeals for the Eighth Circuit · 1914
  2. Mendenhall v. BurnetteSupreme Court of Kansas · 1897
  3. Allen v. WilhoitSupreme Court of Kansas · 1927

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