Matter of Ensign

MARTIN S. CUYKENDALL, as receiver of the Dodge Stevenson Manufacturing Company, under an order of the Supreme Court, made an assessment of the stockholders of said company. H.J. Ensign, the petitioner's testator, was a stockholder, and upon his failure to pay the assessment against him, an action was brought to recover the same. That action was tried, and a verdict rendered therein in favor of plaintiff; without waiting for the entry of judgment Ensign paid the same with costs. Thereafter in another of the actions so brought this court held the assessment to be invalid. (Cuykendall v.…