Rowland v. Forest Park Creamery Co.

Citations

• 79 Kan. 134
• 99 P. 212
• 1908 Kan. LEXIS 201

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law—Self-executing Provisions—Liability of Corporate Stockholders. Section 2 .of article 12 of the constitution of this state is not self-executing, but amounts to a mere direction to the legislature, and its provisions are ineffectual until enforced by appropriate legislative action. The liability of stockholders therein provided may be imposed, modified or withdrawn at the will of the legislature whenever vested rights are not thereby affected injuriously.</p> <p>2. - Impairment of Contractual Obligations. Where a' statute imposing á double liability upon stockholders has been repealed, a creditor whose claim against the corporation originated after such repeal has no vested right under the law repealed, and can not be injured thereby.</p> <p>3. Corporations—Liability of Stockholders. The Forest Park Creamery Company was incorporated and its stock issued while sections 1302 and 1315 of the General Statutes of 1901 were in force. On March 17, 1903, these sections were repealed by chapter 152 of the Laws of 1903. field, that a creditor whose claim against the corporation originated after Such repeal is not entitled to the rights against stockholders provided by the repealed sections.</p>