Tuttle v. National Bank of the Republic of St. Louis

I am unable to concur in this decision. I think the judgments of the circuit and Appellate Courts should be affirmed. The provision in the constitution of the State of Kansas, that “dues from corporations shall be secured by individual liability of the stockholders to an additional amount equal to the stock owned by each stockholder,” as interpreted by the legislature and by the Supreme Court of that State, is self-executing, and that interpretation should be adopted and followed. While the liability is statutory, it is one which arises upon the contract of subscription, and an action to…