Cherry v. Lamar
Supreme Court of Georgia
Statute of Limitations. Corporations. Banks. Stockholders. Before Judge Hill. Bibb Superior Court. October Term, 1876. In December, 1869, certain holders of the bills of the Manufacturers’ Bank (the present defendants in error), brought their several actions at law against the said bank, to compel payment of said bills.
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Statute of Limitations. Corporations. Banks. Stockholders. Before Judge Hill. Bibb Superior Court. October Term, 1876. In December, 1869, certain holders of the bills of the Manufacturers’ Bank (the present defendants in error), brought their several actions at law against the said bank, to compel payment of said bills. After protracted litigation, in which the bank twice appealed to the decision of the supreme court, judgment was finally rendered against the bank in favor of each of these bill-holders. In each of these suits, notice of its pendency was given, by publication, to the…
1Opinion of the Court
Bleckley, Judge.
1. "When the charter of a corporation, as a condition precedent to collecting subscriptions to the capital stock, requires calls to be made by the directors, and notice thereof given, the statute of limitations does not run against the corporation, in favor of the subscribers, as to unpaid installments, until the condition is complied with — 52 Ga., 326.
2. When judgment creditors of a corporation, who have exhausted their legal remedy against their debtor, proceed by bill to subject debts equitably liable to the payment of their judgments, they are not barred if their…
2Cases cited2 opinions
- Macon & Augusta Railroad v. VasonSupreme Court of Georgia · 1874
- Samples v. BankU.S. Circuit Court for the Southern District of Georgia · 1873
3Cited by7 opinions
- Williams v. Commercial National BankOregon Supreme Court · 1907
- Harmon v. PageCalifornia Supreme Court · 1882
- Spencer v. AndersonCalifornia Supreme Court · 1924
- Sherman v. S. K. D. Oil Co.California Supreme Court · 1921
- Hawkins v. DonnerbergOregon Supreme Court · 1901
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