Knipple v. Lipke

Julius J. Olson, Justice.

This was an action to enforce stockholders’ liability. Defendant’s motion for judgment on the pleadings was granted, judgment entered, and plaintiff appeals.

• The only question presented is whether the limitation provided by Mason St. 1940 Supp. § 8028, is conclusive against plaintiff upon the facts pleaded. The limiting proviso reads:

“provided that no action shall be commenced to collect the amount of any such assessment, unless commenced within two years after the insolvency of the corporation and the appointment of a receiver.”

Plaintiff concedes “that the two-year…