Robinett v. Starling

Citations

• 72 Miss. 652

Syllabus

<p>1. Cobpobatiost. Subscription to stock. Recovery by creditor. Code 1892, U 842, 1933.</p> <p>Under \\ 842, code 1892, a creditor of a corporation may recover the amount of unpaid subscription of a stockholder to its capital stock, although he has given a note to the corporation for the same, payable on calls, and, having died before payment, the note has not been probated against his estate within the time provided by $ 1933 of the code for the registration of claims ag-ainst the estate of a decedent. Vick v. LaRochelle, 57 Miss., 602.</p> <p>2. Same. Right of creditor. Nonclaim.</p> <p>In such case the right to sue does not rest upon the relation of debtor and creditor between plaintiff and the stockholder, but upon the statute giving creditors of the corporation a right of action against its delinquent stockholders. Therefore, the fact that the note is barred by nonclaim is immaterial. Nolan v. Snodgrass, 70 Miss., 794.</p>