Baird v. Whitmire

The plaintiff in winding up the affairs of an insolvent bank, brought this action to enforce the added liability of stockholders. The defendant Borcherding demurred to the complaint alleging:

1. That the plaintiff has not legal capacity to sue.

2. That there is a defect of parties plaintiff in this: that the creditors in whose behalf and for whose benefit this action is brought have not been made parties plaintiff; and that no reasons appear in the complaint for the failure to make them parties plaintiff.

3. That the complaint does not state facts sufficient to constitute a cause of action.

The…