Sherman

This is an appeal from a judgment in the defendants’ favor, in an action brought by plaintiff, as the holder of two judgments against a corporation known as the Oleum Development Company, to recover from said defendants the several amounts claimed to be due upon their stockholders’ liability for the unpaid portion of their subscription to the stock of the said corporation. The facts of the ease, as embodied in the findings of the court, may be summarized as follows:

Upon the basis of these findings and conclusions of law the court rendered judgment in favor of the defendants.

The appellant makes two points upon appeal from this judgment, neither of which, we think, can be sustained. The first of these is that as to the so-called Stilson note and judgment the fact that the Fielding J. Stilson Company, at the time it extended credit to and took the note of the Oleum Development Company, was fully aware of the transactions through which the corporation had caused to be issued the large portion of its capital stock as fully paid-up stock for a consideration in property and value amounting to less than one-third in value of the par value of its stock heretofore issued, was…