Silvain v. Benson

Citations

• 83 Wash. 271
• 145 P. 175
• 1915 Wash. LEXIS 664

Syllabus

<p>Appeal — Record—Abstract—Necessity. Where no copy of the abstract was served upon two of the respondents, separately appearing, the appeal will be dismissed as to them.</p> <p>Appeal — Decision—Law of Case. A decision on a former appeal that the court had acquired jurisdiction, becomes the law of the case and is conclusive on a subsequent appeal.</p> <p>Corporations — Stock Subscriptions — -Assessment — Determination — -Res Judicata. Where the validity of claims against an insolvent bank is determined in the matter of the receivership, upon notice to stockholders in proceedings to assess their stock, without any appeal taken, it cannot be litigated in a subsequent action against the stockholders.</p> <p>Same — Assessment of Stock — -Actions—Defenses. In an action for the benefit of creditors upon the unpaid stock subscriptions of an insolvent bank to which no certificate had been issued because all of its stock had not been subscribed, it is no defense that the subscriptions were invalid or that the organization had not been completed.</p> <p>Same. Such a defense could not be made where the court had regularly determined the amount of the debts and subscriptions and authorized an assessment and no appeal therefrom had been taken.</p> <p>Same — Stock Subscription — Actions—Defenses—Estoppel. In an action for the benefit of creditors upon the unpaid stock subscriptions of an insolvent bank, it is no defense in favor of certain stockholders that they signed the subscription list without specifying the amount for which they subscribed, and that the amounts were thereafter written in without authority by the promoter; as they are estopped.</p> <p>Same — Validity of Signature. It is good defense to an action for the benefit of creditors upon the unpaid stock subscriptions of an insolvent bank that the subscription list was not signed by the defendant, or by any one authorized to sign for him.</p> <p>Appeal — Review—Abstracts of Record. Where the abstract of the evidenc