Richardson v. Chicago Packing & Provision Co.

Action to recover from the stockholders of defendant corporation the unpaid balance of their subserip *608 tions. Defendants had judgment, from which, and from an order denying his motion for new trial, plaintiff V. L. Fortin appeals.

The action was originally brought by plaintiff Richardson, as a judgment creditor of defendant corporation, against seventeen defendants, among them Fortin; but the action was dismissed as to him, and he became, by order of the court, a coplaintiff. Judgment was afterward entered by stipulation in favor of Richardson against the defendants severally excepting Lieb and Buttenbaeh (as to whom the action had been dismissed), and Fortin became the sole plaintiff, whose complaint was similar to that of Richardson. After Fortin had filed his complaint as coplaintiff, the defendants obtained leave of court to file, and did file, a cross-bill with the object of bringing in some forty-one parties as codefendants, who, it was alleged, were subscribers to the capital stock of defendant corporation, but had not been made defendants at the commencement of the action. The prayer of this cross-complaint was that the persons named therein as codefendants “be…