(Download) "Butler v. Eaton" by Supreme Court of the United States " Book PDF Kindle ePub Free
eBook details
- Title: Butler v. Eaton
- Author : Supreme Court of the United States
- Release Date : January 25, 1891
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
MR. JUSTICE BRADLEY delivered the opinion of the court. This case is a sequel to the case of Pacific National Bank v. Eaton, just decided. It was an action brought by the receiver of the Pacific National Bank of Boston against Mary J. Eaton to recover one hundred per cent of the amount of her capital stock in said bank, on her individual liability as a stockholder, under section 5151 of the Revised Statutes. The amount sued for was $8000 and interest thereon, being $4000 and interest for her original stock, and $4000 and interest for her new stock. Her liability to pay the first sum was not disputed. She consented to be defaulted for that, and that judgment should be rendered against her. But she denied any liability by reason of the new stock, and claimed a set-off for the money she had paid on it on the ground that she only paid for stock which was to form part of an increased capital of $500,000 and no such increase was ever made. By a subsequent plea, puis darrein continuance, after specially setting forth the facts relating to said new stock, and denying her liability therefor, she pleaded in bar the judgment rendered in her favor in regard thereto by the Supreme Judicial Court of Massachusetts on the 10th day of May, 1887, which we have just reversed. A jury was waived and the cause was tried by the court upon an agreed statement of facts, including the record and judgment in the said action in the Supreme Judicial Court of Massachusetts. The agreed statement of facts, with the exception of the said judgment, is precisely the same mutatis mutandis, as in the case of Thayer v. Butler, ante, 234, just decided, and so far as the case depends on said statement, the same conclusion must be reached.
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