Libby, McNeill & Libby v. Marcel Cafe

Benjamin Fink has appealed to this court from a judgment which was rendered against him in the lower court in an action which here may be considered as having been brought for the sole purpose of recovering a judgment against each of several named defendants on account of his liability as a stockholder in a corporation.

Regarding the liability of defendant Fink as such stockholder, the complaint in the action contained the following averment:

“That during the times herein mentioned there were issued and outstanding six' hundred seventy (670) shares of the capital stock of said Marcel Cafe and…