Corporations—Action for Debt of One Corporation—Parties— Joinder of Corporation Owning All Stock—Judgment.—In an action to recover a debt of - one corporation, another corporation, owning the whole of its capital stock when the debt was contracted within the statute of limitations, was properly joined as a defendant to render against it as a stockholder the judgment recovered in the action.

Id.—Nature of Liability of Stockholder—Basis.—The liability of a stockholder is founded upon the contract made by the corporation for and on behalf of its stockholders, their personal liability attaching to and attending that of the corporation.

Id.—Stockholders Parties to Action Against Corporation—Appropriate Judgments.—If a debt be established as that of a corporation, in an action to enforce the same against it, those who were stockholders when the debt was contracted may be made parties defendant thereto, and appropriate judgments entered therein.

Id.—Causes of Action Against Debtor Corporation—Assigned Claim—Breach of Warranty upon Sale to Plaintiff—Fictitious Entries in Book—Judgment.—Where a first cause of action against the debtor corporation was upon an assigned claim against it, and other causes of action were based upon its breach of an express warranty upon a sale of its property and assets, including a book of accounts warranted to be due, in which false entries were made in the sum of $1,047.75, owing to discounts to be made to its sellers on settlement, - judgment was properly entered upon the assigned claim, and each cause of action, with interest, against the debtor corporation, and the corporation owning its stock when the causes of action arose.

Id.—Effect of Breach of Warranty to Plaintiff—Knowledge of True Condition of Accounts not Imputable—Knowledge of Promoter—Adverse Interest—Forgetfulness.—Where the warranty was not implied, but solely expressed, the previous knowledge of its promoter, who was also at the time of promotion adversely interested in the selling corporation, is not imputable to it, and where it was not present to his mind when the corporation plaintiff was organized, and he joined with it as its director when the sale to plaintiff was consummated and the warranty was made upon the purchase of its accounts and assets.

Id.—Statement of Ownership of Property Sold—Averment of Ownership.—The statement in the bill of sale that the property sold was that owned by the seller is not only descriptive of the property, but is in addition an averment of actual ownership.

Id.—Effect of Discount Agreements and Guaranty.—The discount agreements had the effect to establish the claim on the part of those entitled thereto against the property sold to an amount equal to that found by court as fictitious entries, and by the express terms of the guaranty plaintiff was protected from the result of such claims when so established.

Id.—Delay in Establishing Payment of Discounts Immaterial.— It matters not that the establishment of such claims was by the discount agreements deferred until the time of actual payment of the accounts by the debtors.