Scharlau v. Lombard State Bank

Mr. Presiding Justice Wolfe

delivered the opinion of the court.

The appellant, plaintiff below, started suit in the circuit court of DuPage county on behalf of themselves and ‘ ‘ of all other creditors of the Lombard State Bank who may choose to join in this cause,” to enforce the liability of the defendants to the bill, as stockholders of said bank. The liability sought to be enforced against the defendants is predicated upon section 6, Article 11 of the Constitution of the State of Illinois.

The Lombard State Bank was organized on June 16, 1909, for the purpose of carrying on a general banking…