First National Bank v. De Moulin

This is an action to recover from defendants upon their stockholder’s statutory liability for an indebtedness contracted by the Magnesite Refractories Company, a corporation. The complaint alleges that at the times therein mentioned all of the corporation’s capital stock, 2,000 shares, had been subscribed; that at all the times mentioned, the defendants, who, it seems, are husband and wife, “were the subscribers of and the owners of” the numbers of shares set opposite their respective names. The number of shares set opposite the name of the defendant Edward De Moulin is 724, and 1,065 shares is the number set opposite the name of the defendant and appellant, Anna J. De Moulin. The court found all the allegations of the complaint to be true, except that the defendant Edward is the owner and holder of but ten shares and the defendant Anna is the owner of 1,089 shares, which is 24 shares more than the number alleged in the complaint. Judgment for plain- . tiff was entered accordingly, and the defendant Anna J. De Moulin appeals.

[1] Appellant objects to the sufficiency of the complaint because it does not allege that she “appears by the books” of the corporation to be a stockholder.…