Parker v. Carolina Savings Bank
Supreme Court of South Carolina
Before Watts, J., Abbeville, January, 1898. Action in equity by Wm. H. Parker and other creditors of the Bank of Lowndesville, suing for themselves and other creditors, v. the stockholders of said bank, individually, and the assignee. Prom Circuit decree, all defendants, except assignee, appeal. cite: Corporate capacity of defendant savings bank was not alleged in complaint: 20 S. C., 463; 13 How.
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Before Watts, J., Abbeville, January, 1898. Action in equity by Wm. H. Parker and other creditors of the Bank of Lowndesville, suing for themselves and other creditors, v. the stockholders of said bank, individually, and the assignee. Prom Circuit decree, all defendants, except assignee, appeal. cite: Corporate capacity of defendant savings bank was not alleged in complaint: 20 S. C., 463; 13 How. Pr., 227; 17 S. W. R., 134. Bill in equity does not lie: 19 Stat., 213; 25 S. C., 252; 42 S. C., 83; 49 S. C., 9; 4 S. C., 508; 10 S. C., 263; 46 S. C., 146. Stockholders only liable for five per…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an action by certain creditors, suing on behalf of themselves and all other creditors, against the assignee of the Bank of Eowndesville and its stockholders, for an accounting of the assets of the bank, and to enforce the statutory liability of stockholders for the debts of the bank.
*5881 *587From the decree of the Circuit Court, the defendant stockholders appeal on numerous exceptions, which mainly raise questions which will be considered and disposed of as follows: 1. The Circuit Court properly overruled the oral demurrer of the…
2Cases cited5 opinions
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Willis v. MabonSupreme Court of Minnesota · 1892
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
- Pettibone v. McGrawMichigan Supreme Court · 1859
- Root v. SinnockIllinois Supreme Court · 1887
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- Andrew v. Farmers Trust & Savings BankSupreme Court of Iowa · 1927
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