Fralick v. Guyer

WILLIAM A. LEE, J.,

Dissenting. — I am unable to concur in the conclusion of the majority opinion that G. S., sec. 5247, which 'makes the stockholders in every incorporated bank or trust company of this state liable to its creditors to the amount of their stock, at par value, in addition to the stock held by them, is in contravention of sec, 17, art. 11, of the constitution, and therefore void.

If it was the purpose of this section, as the majority opinion seems to hold, to declare that stockholders in a corporation shall be liable for their unpaid subscriptions to the capital stock, then it is…