Abernathy v. Loftus

Citations

• 95 Kan. 87
• 147 P. 818
• 1915 Kan. LEXIS 172

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Corporation — Dissolution — Action against Stockholder— Barred by Three-year Statute of Limitations. An action, under section 1192 of the General Statutes of 1889, against the stockholders of a corporation that has suspended business for more than one year, is barred by the three-year statute of limitations when four years have elapsed after such suspension of business.</p> <p>2. Same — Wrongfully Mining Coal — Creates a “Debt Unpaid” under Section 120i, General Statutes of 1889. The obligation arising on the implied contract of a corporation to pay for coal wrongfully mined from the property of another, and not paid for, is a “debt unpaid” within the meaning of section 1204 of- the General Statutes of 1889, providing that if any corporation be dissolved, leaving debts unpaid, suits may be brought aganst any person or persons who were stockholders at the time of such dissolution.</p>