HAMILTON RUBBER MFG. CO. v. STEWART

No. 5986.

48 F.2d 8 (1931)

HAMILTON RUBBER MFG. CO. et al. v. STEWART et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 29, 1931.


Attorney(s) appearing for the Case

John Davis and Hoyt A. Armstrong, both of Dallas, Tex. (Peyton A. Ellison and H. A. Armstrong, both of Dallas, Tex., on the brief), for appellants.

Geo. T. Burgess and D. H. Hardy, both of Dallas, Tex. (Maco Stewart, of Dallas, Tex., on the brief), for appellees.

Before BRYAN and FOSTER, Circuit Judges, and DAWKINS, District Judge.


DAWKINS, District Judge.

Plaintiffs, alleging themselves to be judgment creditors of the United Tire Stores, Inc., with return nulla bona of executions thereon, brought this suit to recover of the defendants Elmo C. Tenison, Maco Stewart, Sr., and Maco Stewart, Jr., alleged unpaid subscriptions to the capital stock of said company. Plaintiffs further charged that the corporation had been dissolved and its charter forfeited for failure to pay the franchise tax exacted...

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