Legal Opinion

Bank of North America v. Rindge

U.S. Circuit Court for the District of Southern California

Decided August 7, 1893PublishedCited by 11 opinions

At Law. Action by the Bank of North America against Frederick K. Rindge to enforce the latter’s liability as stockholder of the Haddam State Bank. Heard on demurrer to the’ complaint.

1Opinion of the Court

ROSS, District Judge.

This is an action at law by a creditor of a Kansas banking corporation against the defendant, as a stockholder in that corporation, to enforce the liability which the statutes of Kansas impose upon stockholders in corporations, other than railway, religious, or charitable corporations, for the corporate debts.

The statute of Kansas, which is the foundation of the action, is as follows:

“If any execution shall have been issued against the property or effects of a corporation, except a railway or a religious or charitable corporation, and there cannot be found any property…

2Cases cited3 opinions

  1. Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
  2. Howell v. A. Manglesdorf & Co.Supreme Court of Kansas · 1885
  3. Grund v. TuckerSupreme Court of Kansas · 1869

3Cited by11 opinions

  1. Swann v. Sweetwater Irrigation & Power Co.Idaho Supreme Court · 1908
  2. Western National Bank v. LawrenceMichigan Supreme Court · 1898
  3. Rhodes v. United States Nat. BankCourt of Appeals for the Seventh Circuit · 1895
  4. Whitman v. National BankCourt of Appeals for the Second Circuit · 1897
  5. Fidelity Insurance, Trust & Safe-Deposit Co. v. Mechanics' Sav. BankCourt of Appeals for the Third Circuit · 1899

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