Hornor v. Henning
Supreme Court of the United States
Error to the Supreme Court of the District of Columbia. The plaintiff in error, who was plaintiff below, had judgment against him on demurrer to his declaration.
Read the full summary
Error to the Supreme Court of the District of Columbia. The plaintiff in error, who was plaintiff below, had judgment against him on demurrer to his declaration. The substance of the declaration is, that he is a creditor of the Washington City Savings-Bank; that the bank had incurred an indebtedness of $850,000 in excess of the amount of its capital stock, with the assent of the defendants, who were the trustees of said bank, by reason whereof a right of action had accrued to plaintiff to have and recover the amount of his debt, — to wit, 14,000. The act of Congress of May 5, 1870 (16 Stat.…
1Opinion of the CourtJustice Miller
The demurrer questions the right of a single creditor among many of the corporation to bring his separate action at law for his own debt, and recover a judgment for it against the trustees, though the allegations of his declaration be true.
If there exists an indebtedness of $850,000 in excess of the capital stock (which is alleged to be $50,000), it is clear that there must be other creditors than plaintiff ; and as- plaintiff’s account, filed as part of the declaration, shows that he claims as a depositor in the. bank, it is a reasonable inference that there are a great many other creditors,…
2Cases cited1 opinion
- Pollard v. BaileySupreme Court of the United States · 1874
3Cited by78 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Hayden v. ThompsonCourt of Appeals for the Eighth Circuit · 1895
- Winchester v. HowardCalifornia Supreme Court · 1902
- Stuart v. HaydenCourt of Appeals for the Eighth Circuit · 1895
73 more not listed; retrieve them via the Exa API.