West v. Topeka Savings Bank

The opinion of the court was delivered by

Burch, J. :

On May 12, 1901, the Topeka Savings Bank commenced an action against J. G. West to recover on his written subscription to the capital stock of the bank, as follows :

“subscription to capital stock or the TOPEKA SAVINGS BANK.

“The undersigned, each for himself, hereby subscribes for and agrees to take the number of shares (of the par value of $100 per share) of the capital stock of the Topeka Savings Bank of Topeka, Kansas, set against his name.

“Each subscription to be paid in instalments of ten (10) per centum of the amount thereof, as called…