Mister v. Burkholder
Superior Court of Pennsylvania
Appeal, No. 206, Oct. T., 1913, by plaintiffs, from judgment of C. P. Franklin Co., Feb. T., 1913, No. 24, for defendant on case tried by the court without a jury in suit of Beverly W. Mister et ah, Receivers of the Farmers Trust, Banking & Deposit Company (a corporation under the laws of Maryland) v. Joseph A. Burkholder, Administrator c. t. a. of L. D. Burkholder, deceased. Assumpsit against a stockholder to enforce statutory liability.
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Appeal, No. 206, Oct. T., 1913, by plaintiffs, from judgment of C. P. Franklin Co., Feb. T., 1913, No. 24, for defendant on case tried by the court without a jury in suit of Beverly W. Mister et ah, Receivers of the Farmers Trust, Banking & Deposit Company (a corporation under the laws of Maryland) v. Joseph A. Burkholder, Administrator c. t. a. of L. D. Burkholder, deceased. Assumpsit against a stockholder to enforce statutory liability. The case was tried by Gillan, P. J., without a jury under the Act of April 22, 1874, P. L. 109. From the record it appeared that the defendant was a…
1Opinion of the Court
Opinion by
Head, J.,
The defendant is the owner of thirteen and one-half shares of the capital stock of a corporation created under the laws of the state of Maryland. By proceedings *519duly taken in the proper court of that state, it was adjudicated on October 9, 1907, that the said corporation was insolvent and the present plaintiffs were appointed receivers for the purpose of winding up the corporate business.
The receivers at once took over all of the assets of said corporation, proceeded to convert them into cash and apply them to the payment of the corporate debts which had meanwhile been…
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