Vanderwerken v. Glenn

Citations

• 85 Va. 9
• 6 S.E. 806
• 1888 Va. LEXIS 2

Syllabus

<p>1. Chancery Practice—Corporation—Stockholders—Assessments—Stat. of Limitations.—In suit wherein a corporation is a party, the decree binds the stockholders, though they be not personally parties; and assessments made, under decree therein, payable to, and collectible by, the trustee of the corporation, may be sued for by him in his own name; and the statute of limitations begins to run against those assessments from the date of the decree.</p> <p>2. Corporations—Membership—Proof.—Defendant in action for assessment had agreed to subscribe for stock of the corporation under its then name. His proxy participated in organizing the company, and on his motion the corporate name was changed to that it bore at the time of the assessment. Defendant’s name was on the company’s books, as a stockholder;</p> <p>Held :</p> <p>The evidence is sufficient of his membership of the present company.</p> <p>3. Idem—Books—Evidence.—In such action, books identified as the company’s, by its superintendent and its trustee, and which had been proved to be such in the suit to which the company was party¡ and the same used by the commissioner as the basis of his confirmed report, should • be admitted against the defendant in evidence of his membership, in the absence of discrediting circumstances.</p>