Trapp v. Railroad Men's Refining Co.

The opinion of the court was delivered by

Mason, J.:

On April 28, 1921, Herman Trapp sued the Railroad Men’s Refining Company, a Kansas corporation, alleging that while the full amount of its authorized stock was outstanding it had issued to him a certificate for 20 shares of unauthorized stock, for which he paid $200 — the face value; that he did not learn of his stock being an overissue before July 7,1919. C. V. Van Matre was joined as a defendant under the allegation that he had contracted with the corporation to pay all demands against it, including those for spurious stock. The plaintiff…