Fourth Nat. Bank of NY v. Francklyn
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. ■ Tuis .was an action at law, brought December 10, 1879, by ' a national bank against .the executpr of 'Edwin Hoyt, a stockholder in the Atlantic De Laine Company,'to recover the amount of a debt for upwards'.of $100,000, due from that corporation to the plaintiff on, promissory notes made and payable in December, 1873, and January, 1874. The parties duly waived a jury, and submitted the…
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ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. ■ Tuis .was an action at law, brought December 10, 1879, by ' a national bank against .the executpr of 'Edwin Hoyt, a stockholder in the Atlantic De Laine Company,'to recover the amount of a debt for upwards'.of $100,000, due from that corporation to the plaintiff on, promissory notes made and payable in December, 1873, and January, 1874. The parties duly waived a jury, and submitted the case to a referee under a' rule of court; • and also, agreed in writing upon “a statement of certain of the facts in this…
1Opinion of the Court
Mr. Justice Gbay,
after stating the case as above reported, : delivered the opinion of the court. ■
This was an action "at law, brought in the Circuit Court of the United States for the Southern District of New Yorlc,- by a creditor of a- Rhode Island manufacturing corporation, against the executor of a stockholder in that corporation, to enforce the liability which the statutes of Rhode Island impose upon stockholders in such corporations for the corporate debts.
In the court below, statutes and decisions of Rhode Island were agreed or proved and found as facts, in seeming forget-, fulness of…
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