Page:Federal Reporter, 1st Series, Volume 3.djvu/744

 WORIiBÎ V. THAYER. 73Ï �MoBLBY and otliera ». Tha.ybb and others. �(Ci/rcuit Court, D. Maamehusetti. Beptember 30, 1880.) �1. Stockholdbrs— Ikdividual Liabilitt— Constitution op Kansas. Abt. 13, § 3. — Section 3, art, 13, ot the constitution oî the state of Kansas. provides that dues from corporations sball be secured by individual liability of the stockholders to an additional amount equal to the stoclc owned by each stockholder, and sucb other means as shall be provided by law. �Hdd, that suit could not be maintained by virtue of this constitu- tional provision, witbout reference to the statutes of the state passed in fulfllment of the constitutional mandate. �8. Samb — Samb — Statdtçs of Kansas — Bankbuptoy — Dissolu- tion OP CoKPOKATiON. — A statute of the state of Kansas pro- vides that if a corporation be dissolved, leaving debts unpaid, suits may be brought against any person or persons who were stockholders at the tiiue of such dissolution, without joining the corporation in such suit ; and if execution issue, and judgment be satisfled by the parties sued, then those parties may sue ail who were stockholders at the time of such dissolution for the recovery of the portion of such debt for which they were liable. It further provides that no stock- holder shall be liable to pay the debts of the corporation beyond th« amount due on his stock, and an additional amount eqijal to the stock owned by him. Held, that a corporation is not dissolved, within ths meaning of such statute, by bankruptcy, and a failure to hold meet> ings, elect offlcers, or do business. �I. Same— Samb — Common-Law Action. — HM, further, that the liability imposed by this statute must be euforced by action at law, and not t^j suit in equity. �In Equity. �J. E. McKeighan and J. D. McCleverty, for complainants, �Sidney Bartlett and Russell d Putnam, for defendants. �Clifford, g. j. Section 44 of the State Statutes provides that if a corporation be dissolved leaving debts unpaid, suita may be brought against any person or persons who were stockholders at the time of such dissolution, without joining the corporation in such suit; and if execution issue, and judgment be satisfied by the parties sued, then those parties may sue ail who were stockholders at the time of such disso- lution for the recovery of the portion of such debt for which they were liable. Provision is also made by the forty-fifth sec- tion of the same article for the recovery of ail voluntary pay« �v.3.no.l3— 47 ����