Legal Opinion

Alexander v. Dever

Court of Appeals of Georgia

Decided April 11, 1918No. 9311PublishedCited by 2 opinions

Complaint; from Richmond superior court—Judge H. C. Hammond. October 8, 1917. Alexander, as receiver of the Irish-American Bank, brought suit against Ellen Dever, to collect from her as a stockholder of the bank an amount equal to the face or par value of the shares of its stock owned and held by her at the time of its failure.

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Complaint; from Richmond superior court—Judge H. C. Hammond. October 8, 1917. Alexander, as receiver of the Irish-American Bank, brought suit against Ellen Dever, to collect from her as a stockholder of the bank an amount equal to the face or par value of the shares of its stock owned and held by her at the time of its failure. The petition alleged that the said shares were subscribed for by James Dever, and- by his will were bequeathed to Ellen Dever, and that. they were delivered to her by the executors of the will;, that she was a life-tenant under the will, and the stock was held by her…

1Opinion of the Court

Harwell,. J.

The trial judge, in dismissing the petition, no doubt based his ruling upon the decision of this court in the case of Swicord v. Crawford, 20 Ga. App. 35 (92 S. E. 394). The Supreme Court, on certiorari, reversed that .decision (147 Ga. 548), ahd held that “Stockholders in a bank incorporated under the laws of this State since the passage of the act of 1893, whether original subscribers, or purchasers of stock from the corporation, or transferees of such stockholders, are individually liable equally and ratably (and not one for another as sureties) to depositors of said…

2Cases cited10 opinions

  1. Matteson v. DentSupreme Court of the United States · 1900
  2. Wisconsin v. HitchcockSupreme Court of the United States · 1906
  3. Parker v. RobinsonCourt of Appeals for the First Circuit · 1895
  4. Crawford v. SwicordSupreme Court of Georgia · 1918
  5. Blackmore v. WoodwardCourt of Appeals for the Sixth Circuit · 1895

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3Cited by2 opinions

  1. Schlener v. DavisCourt of Appeals for the Fifth Circuit · 1935
  2. Faircloth v. McClisterCourt of Appeals for the Third Circuit · 1937

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