Hightower v. Thornton
Supreme Court of Georgia
In Equity, in Muscogee Superior Court. Decision by Judge Alexander, May Term, 1850. Tbe bill in tbis case was filed by Daniel Hightower, alleging that he was a judgment creditor of the Planters & Mechanics’ Bank of Columbus, and that his Ji.fa. had been returned by the Sheriff, with the entry of “ nulla bond” thereon ; that the original stock subscribed was one million of dollars in shares of $100 each; that only $25 on the share had ever been paid in by the stockholders,…
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In Equity, in Muscogee Superior Court. Decision by Judge Alexander, May Term, 1850. Tbe bill in tbis case was filed by Daniel Hightower, alleging that he was a judgment creditor of the Planters & Mechanics’ Bank of Columbus, and that his Ji.fa. had been returned by the Sheriff, with the entry of “ nulla bond” thereon ; that the original stock subscribed was one million of dollars in shares of $100 each; that only $25 on the share had ever been paid in by the stockholders, the directors being stockholders and fraudulently refusing to call in any further payments on the stock, and in fact…
1Opinion of the Court
Ry the Court.
Lumpkin, J.
delivering the opinion.
The.case made by this record is simply this: A judgment creditor of the late Planter^ & Mechanics’ Bank of Columbus, having *492prosecuted his claim against the corporation to insolvency, filed his bill, alleging that the corporation was dissolved, both in fact and inform, and praying that the stockholders of the bank, who, it was averred, had paid only twenty-five dollars on the share — the capital stock being one million, in shares of one hundred dollars each — might be decreed to pay into Court such sums on their unpaid stock as should be…
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