Legal Opinion

Marshall v. Sherman

New York Supreme Court

Decided February 12, 1895Published

Appeal from special term, Albany county. Action by Edward Marshall against George B. Sherman to enforce the statutory liability of defendant as a stockholder of a Kansas corporation. From a judgment overruling a demurrer to the complaint, defendant appeals.

1Opinion of the CourtHerrick, J.

This is an appeal from a judgment against the defendant overruling a demurrer to the plaintiff’s complaint. The plaintiff is a judgment creditor of the Miltonvale State Bank, a corporation existing under the laws of the state of Kansas. The defendant is a stockholder in the same bank. The plaintiff’s complaint shows that in 1859 the people of the state of Kansas adopted a constitution, which, among other provisions, contains the following :

“Dues from corporations shall be secured by the individual liability of the stockholders to an additional amount equal to the stock owned by each…

2Cases cited8 opinions

  1. Dennick v. Railroad Co.Supreme Court of the United States · 1881
  2. Flash v. ConnSupreme Court of the United States · 1883
  3. Christensen v. . EnoNew York Court of Appeals · 1887
  4. Corning & Horner v. McCulloughNew York Court of Appeals · 1847
  5. Mann v. . PentzNew York Court of Appeals · 1850

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