Oster

This is an action to recover from defendant the principal sum of one thousand six hundred dollars, which in the complaint it was alleged was owing to the plaintiff corporation by reason of an assessment levied or call made against the defendant on account of corporate stock owned by him. The complaint stated the necessary facts as to the subscription for the capital stock having been completed; it was then alleged that on the twelfth day of October, 1909, at defendant’s request, plaintiff issued to him one hundred shares of its stock of the par value of one hundred dollars each, on account of which purchase there was then paid the sum of one hundred dollars. It was then alleged that at the time of the issuance of the stock it was understood and agreed between plaintiff and defendant that the defendant would pay all calls and assessments on the stock to the extent that the par value thereof remained unpaid, which unpaid amount was alleged to be, on the eighth day of November, 1909, the sum of nine thousand nine hundred dollars. It was then alleged that between the eighth day of November, 1909, and the ninth day of December, 1914, defendant had, in response to divers calls made by…