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FLINT v. CULBERTSON

No. A-6749.

319 S.W.2d 690 (1958)

Mrs. May Pearl FLINT, Joined Pro Forma by Her Husband, C. W. Flint, Jr., Petitioner, v. A. B. CULBERTSON, Receiver for Fraternal Bank & Trust Co., Respondent.

Supreme Court of Texas.

Rehearing Denied December 10, 1958.

Attorney(s) appearing for the Case

Tuchin & Mehl, and Milton J. Mehl, Stanley A. Freed, Fort Worth, for petitioner.

Alexander & Martin, Morgan & Shropshire, Cline & Cline, Fort Worth, J. L. Turner, Jr., Dallas, Sol Gordon, Fort Worth, Slagle & Hughes, Sherman, Richard Owens, L. Clifford Davis, Fort Worth, for respondent stockholders.

Ernest May, Fort Worth, for respondent A. B. Culbertson, receiver.

CULVER, Justice.

The Fraternal Bank & Trust Company was organized in 1911 as an unincorporated joint stock association and continued to carry on a banking business until 1957, when in a depositors' class suit it was adjudged insolvent. The receiver thereafter, in accord with Article 6137, Vernon's Annotated Civil Statutes, obtained service on some or all of the members or shareholders individually. The trial court declared these members so served to be liable...

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