Barto v. Nix

Citations

• 15 Wash. 563
• 46 P. 1033
• 1896 Wash. LEXIS 250

Syllabus

<p>PLEADING-DUPLICITY — COBPOBATIONS — BIGHT TO DECEIVE OWN STOCK IN PAYMENT OF DEBT — BECEIVEB —ACTION ON STOCK SUBSCBIP. TIONS — ESTOPPEL — EES JUDICATA.</p> <p>Were a complaint sets forth facts tending to show a liability both in tort and on contract, such recital is not open to objection on the ground of stating more than one cause of action, when such facts all relate to a single transaction and are relied upon as the basis of a single cause of action.</p> <p>A judgment against stockholders of a bank for the recovery against them-of their contingent liability over and aboye thé par value of their stock connot be pleaded as res judicata in an action by the .receiver of the bank to recoyer unpaid subscriptions, to the amount of the par value of the stock.</p> <p>A corporation has authority to receive from a stockholder his certificates ‘of stock in payment of his indebtedness to it, when such transaction is bona fide and for the purpose of protecting the corporation from loss; and stock so taken may be re-issued by the corporation.</p> <p>In an action by á receiver of a bank to enforce stock subscriptions, the defendants, who were directors in the bank, are estopped'from setting up that the bank stock had been issued by the bank to them and .their notes taken therefor, under a secret agreement that they should not be liable thereon.</p> <p>Where, in an action for the appointment of a receiver for a corporation, the court had determined that unpaid assessments upon the capital stock should be collected, it must be presumed, in an action brought by the receiver for .their collection, that such determination was necessary and rightful, although from the record in the original 'action it may Appear that the assets of the bank were sufficient to discharge its indebtedness. '</p>