Randall v. Mickle

The original opinion in this case dealt only with the sufficiency of defendant's pleas. The question there presented was whether or not the defendant was estopped by the mere fact of issuance and acceptance of void bank stock from pleading as a defense that the issuance of defendant's bank stock wasultra vires, and that therefore the statutory liability thereon was unenforceable. In that opinion the Court held that per se no such estoppel obtained. See foregoing original opinion, Randall v. Mickle, also reported in 138 Sou. Rep. 14.

But as regards the rights of creditors, and the rights of the…