Crawford v. Swicord
Supreme Court of Georgia
Certiorari to Court of Appeals (Cáse 7787, 20 Oa. App. SB). - Crawford and Culpepper, as receivers of the Bank of Whigham, a banking corporation chartered under the laws of Georgia since the act of 1893 (Acts 1893, p. 70), filed suit against Swicord, a stockholder in -said insolvent bank, on his statutory liability to depositors.
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Certiorari to Court of Appeals (Cáse 7787, 20 Oa. App. SB). - Crawford and Culpepper, as receivers of the Bank of Whigham, a banking corporation chartered under the laws of Georgia since the act of 1893 (Acts 1893, p. 70), filed suit against Swicord, a stockholder in -said insolvent bank, on his statutory liability to depositors. The petition disclosed the authority and necessity to bring the suit against the stockholder for the purpose of paying depositors, but did not allege that the defendant was an original subscriber to the capital stock of the bank, or had acquired his stock from it.…
1Opinion of the CourtGeorge, J.
(After stating the foregoing-facts.) The question presented is, should the petition, in order to assert liability, disclose that the defendant acquired his stock from the bank, and not by purchase through or from one who was an original subscriber. The answer to this question involves a construction of § 2270 of the Civil Code (1910). This section is taken from an act of 1893 (Acts 1893, p. 70), and is as follows: “Said corporation shall be responsible to its creditors to the extent of its capital and its assets, and each stockholder shall be individually liable for all the debts of said…
2Cases cited8 opinions
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- Lombard v. Trustees of the Young Men's Library Ass'n FundSupreme Court of Georgia · 1885
- Wheatley v. GloverSupreme Court of Georgia · 1906
- Fouche & Fouche v. Merchants National BankSupreme Court of Georgia · 1900
- State v. Standard Oil Co.Oregon Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Federal Deposit Insurance Cor. v. BeasleySupreme Court of Georgia · 1942
- Swicord v. CrawfordSupreme Court of Georgia · 1919
- Duncan v. FreemanSupreme Court of Georgia · 1921
- Latimer v. BennettSupreme Court of Georgia · 1929
- Swicord v. CrawfordCourt of Appeals of Georgia · 1919
7 more not listed; retrieve them via the Exa API.