Atwell v. Schmitt

Plaintiff, a corporate creditor of the Linnhaven Orchard Company, a domestic corporation, recovered judgment against the corporation, and an execution on the judgment was issued and returned unsatisfied. Plaintiff then brought suit against the defendant, who was one of the original subscribers to the capital stock of the corporation, seeking to enforce payment by defendant of Ms alleged unpaid subscription in order to have the same applied in satisfaction of plaintiff’s judgment and of the claims, if there are such claims, of other corporate creditors. The plaintiff had decree and the…