Van Tuyl v. Robin

This is an action brought by the superintendent of banks to ascertain the existing assets and liabilities of the Northern Bank of New York, to determine the deficiency of assets, if any, and to compel the stockholders to contribute to such deficiency according to the number of shares of stock held by each. The plaintiff is presumed to have joined all the stockholders of record as defendants. The defendant Ferdinand Hall and others demur to the sufficiency of the complaint, first, upon the ground of insufficiency of facts alleged; second, that plaintiff has not the legal capacity to sue;…