Chisnell v. Ozier Co.

This appeal presents two questions:

1. Do the facts stated in the third cause of action in the amended petition show a cause of action?

2. Was the third cause of action brought within the time limited for the commencement of such action?

Section 8623-28, General Code, provides, in part:

“No creditor of a corporation shall have any claim or right of action against a shareholder as such, other than to reach and apply the debt, if any, of the shareholder to the corporation arising out of his contract of subscription or purchase.”

While we shall keep in mind the trust fund doctrine, its exceptions and…