Button v. O. S. Stapley Co.

LOCKWOOD, J.,

Dissenting. — I regret to state that I cannot concur in the conclusion reached by my associates in this case, although I agree with many of the propositions of law stated in the prevailing opinion. It is because in my judgment the ultimate conclusion as to the disposition of the case reached by them is so contrary to the only possible logical and legal deductions from those fundamental propositions that I think it necessary to record my reasons for disagreement.

They have stated that the liability of a stockholder in an insolvent bank is a constitutional one, and is secondary in…