Armour Fertilizer Works v. Parrish Vegetable & Fruit Co.

Citations

• 63 Fla. 64

Syllabus

<p>1. The statutes and rules do not require any preliminary steps to he taken before an execution may be issued against a stockholder to be enforced “to an extent equal in amount for so much as may remain unpaid upon his subscription to capital stock and no further,” after an execution against the corporation has been returned nulla bona.</p> <p>2. A stockholder of a corporation becomes as such charged with knowledge that under the statute upon the return of nulla bona upon an execution issued against the corporation, an execution may be issued against him for the unpaid subscription to the stock he holds.</p> <p>3. Where' an execution is issued under the statute against a person as a stockholder of a corporation, if such person is in fact not a holder of the corporate stock upon which there is unpaid subscription, or if the amount of the execution is in excess of the unpaid subscription, the person may have relief under the statute providing for testing the legality of executions.</p>