Gordon v. Dodge

Lark, J.,

The plaintiff is the Secretary of Banking of Pennsylvania and as such is the receiver of Farmers & Mechanics Bank. The defendant is a stockholder in the bank, which was incorporated on May 17,1915, under the provisions of the Act of May 13,1876, P. L. 161. The bank has failed, and the plaintiff is here seeking to enforce the defendant’s alleged individual liability as a stockholder to an amount equal to the par value of the stock held by him.

The defendant has filed an affidavit of defense challenging the constitutionality of the Act of 1876 upon the ground that a portion of section 5…