National Carriage Manufacturing Co. v. Story & Isham Commercial Co.

This is an action brought to recover from respondent, Adella B. Story, the unpaid subscription upon stock hold by her in the corporation defendant, or so much of such subscription as is necessary to pay the judgment of plaintiff against said corporation.

Respondent became the owner of two thousand four hundred and ninety-eight shares of such stock on the sixteenth day of January, 1888, by transfer from H. L. Story. The shares were of the par value of one hundred dollars, and only ten dollars per share had been paid thereon.

The complaint shows that plaintiff recovered a judgment against the corporation defendant on the twenty-eighth day of February, 1894, for fourteen hundred and sixty-four dollars and fifty-two cents, and it is averred that respondent continued to be the owner of said stock, and that there was due on the same the sum of two hundred and twenty-four thousand eight hundred and twenty dollars. Plaintiff asks that respondent be compelled to pay into court upon her subscription a sum sufficient to pay its judgment and costs.

Respondent in her answer denied most of the material allegations of the complaint, and particularly that since the twenty-sixth day of…