McLendon Hardware Co. v. Jewett Lumber & Hardware Co.

FIALE, Justice.

This is an appeal from a judgment of the district court winding up the affairs of Jewett Lumber & Hardware Company, an insolvent corporation, through receivership proceedings. The question presented for decision is whether the claim of T. O. Sutton & Sons as a creditor of the defunct corporation was barred by limitation.

E. W. Brautigam and wife instituted the suit by bill of interpleader on March 14, 1940, alleging that they were the officers and directors of the corporation; that they owned 47 of its 50 shares of stock and were in actual control of its affairs; that said *453corpor…