First National Bank v. Montgomery County National Bank

Citations

• 64 Kan. 134
• 67 P. 458
• 1902 Kan. LEXIS 177

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Stockholder’s Liability — Bankas Stockholder — Ultra Vires— Evidence. In an action against a national bank upon its double liability as a stockholder in another corporation, it was alleged in the petition that it acquired such stock in a particular manner. The evidence showed that it acquired it in a different manner, neither of which was ultra vires. Held, that there was not a fatal variance between allegation and proof; the vital fact being, was the bank a stockholder, not how did it become such.</p>