Hobbs v. National Bank of Commerce of Kansas City
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Northern District of New York. The National Bank of Commerce of Kansas City, Mo., recovered a judgment in an action in the state court of Kansas, which had jurisdiction of the case, against the Western Farm Mortgage Company, a corporation of Lawrence, Kan.
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In Error to the Circuit Court of the United States for the Northern District of New York. The National Bank of Commerce of Kansas City, Mo., recovered a judgment in an action in the state court of Kansas, which had jurisdiction of the case, against the Western Farm Mortgage Company, a corporation of Lawrence, Kan. Upon this judgment an execution was issued, which was returned unsatisfied on April 17, 1803. On May 23, 1896, the plaintiff commenced an action at law in the circuit court for the Northern district of New York against the defendant, a resident within said district and citizen of…
1Opinion of the Court
SHIPMAN, Circuit Judge.
The provisions of the constitution and statutes of Kansas which relate to the liability of the stockholders of a Kansas corporation to pay its debts were quoted in the opinion of this court in Whitman v. Bank, 28 C. C. A. 404, 83 Fed. 288. In that case it was held that a suit to enforce the liability was transitory in its character, and could be brought by an action at law in a court of another state against a single stockholder who was a resident of such state. It was further said that the liability was statutory because it did not exist at common law, and was…
2Cases cited11 opinions
- Pritchard v. NortonSupreme Court of the United States · 1882
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Pollard v. BaileySupreme Court of the United States · 1874
- Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
- Flash v. ConnSupreme Court of the United States · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Russell v. ToddSupreme Court of the United States · 1940
- Hornick v. First Catholic Slovak UnionSupreme Court of Kansas · 1924
- Hilliker v. HaleCourt of Appeals for the Second Circuit · 1902
- Schwartz v. Bann-Cor MortgageMissouri Court of Appeals · 2006
- Seattle Nat. Bank v. PrattU.S. Circuit Court for the District of Northern New York · 1900
8 more not listed; retrieve them via the Exa API.