Legal Opinion

Warrington v. Ball

Court of Appeals for the Third Circuit

Decided December 2, 1898No. 37PublishedCited by 12 opinions

In Error to the Circuit Court of the United States for the Eastern District of Pennsylvania. This was an action by William E. Ball against Anna M. Warrington, a citizen of Pennsylvania, to enforce an alleged liability of defendant as a stockholder in a Kansas corporation. The circuit court held the affidavit of defense insufficient, and rendered judgment for plaintiff, from which defendant brings error.

1Opinion of the Court

BUTLER, District Judge.

The suit is founded on a judgment obtained in Kansas, against the Kansas Saving Bank, chartered under the laws of that state, and located there. The constitution of Kansas (article 12, § 2), provides that “dues from corporations shall be secured by individual liability of stockholders, to an add itional amount equal to the stock owned by each stockholder,” and a statute of the state (Gen. St. 1889, par. 1192) provides (when a creditor has obtained judgment against the corporation) as follows:

“If execution shall have been issued against the property or effects of a…

2Cases cited5 opinions

  1. Marshall v. . ShermanNew York Court of Appeals · 1895
  2. Cushing v. PerotSupreme Court of Pennsylvania · 1896
  3. Tuttle v. National Bank of the Republic of St. LouisIllinois Supreme Court · 1896
  4. Ball v. ReeseSupreme Court of Kansas · 1897
  5. Fowler v. LamsonIllinois Supreme Court · 1893

3Cited by12 opinions

  1. Botz v. HelveringCourt of Appeals for the Eighth Circuit · 1943
  2. Hale v. HardonCourt of Appeals for the First Circuit · 1899
  3. McBryan v. Universal Elevator Co.Michigan Supreme Court · 1902
  4. Saylor v. Commonwealth Banking Co.Oregon Supreme Court · 1900
  5. Robinson v. PhegleyOregon Supreme Court · 1917

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