Evert v. Felska

The appeal is from an order denying a motion for a new trial.

Plaintiff seeks to recover a stockholder’s assessment arising out of defendant’s alleged constitutional liability. Defendant claims an equitable set-off equal to his stockholder’s liability by reason of a loan made to the corporation prior to its failure. He received a promissory note containing a statement that the corporation would not pay any dividends until the note was paid nor would it carry merchandise in excess of $55,000. By the terms of the note it was payable out of the surplus of the maker. Defendant has filed his claim,…