Thomas v. Remington Paper Co.

Citations

• 67 Kan. 599
• 73 P. 909
• 1903 Kan. LEXIS 302

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Corporations — Liability of Stockholders — Election ofliemedies. Where a creditor placed in judgment a claim against a corporation, and upon an execution’s being issued thereon and returned unsatisfied instituted an action against a stockholder to charge him with the amount of the judgment, under paragraph . 1192, General Statutes of 1889, the reversal of such judgment destroyed the effect of such act as an election of remedies, and left the plaintiff free to pursue the stockholder under paragraph 1204, General Statutes of 1889, which authorized a suit against a stockholder upon a corporate debt whenever the corporation had suspended business for more than one year.</p> <p>2. -Effect of Placing Notes in Judgment. Where a creditor of a corporation sued a stockholder under paragraph 1204, ' General Statutes of 1889, and while such action was pending the original claim (based on a number of notes) was placed in judgment against the corporation, which fact was pleaded by the defendant stockholder in a supplemental answer, the merger of the notes in the judgment did not prevent a recovery in such action.</p> <p>3. -Foreign — Act of 1901 Construed. In order to invoke the application against a foreign corporation of the” provision of section 1283, General Statutes of 1901, forbidding the bringing of an action by a corporation without first filing certain statements, it must be shown that the corporation in question is one doing business in this state.</p>