Windsor Redrying Co. Ex Rel. Gillam v. Gurley

The only question we think necessary to consider: Is this action barred by the statute of limitations ? We think not.

The defendants plead the three-year statute of limitations, C. S. 441(1) : “Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections.”

This is a general statute and it must be construed in pari materia with the statutes relating to corporations.

Section 1165, C. S., in part, is as follows: “The directors of a corporation may, from time to time, make assessments upon the shares of stock subscribed for,…