HORNOR v. HENNING ET AL.


93 U.S. 228 (____)

HORNOR v. HENNING ET AL.

Supreme Court of United States.


Attorney(s) appearing for the Case

Argued by Mr. F.P. Cuppy for the plaintiff in error.

Mr. Walter D. Davidge for the defendants in error.


MR. JUSTICE MILLER delivered the opinion of the court.

The demurrer questions the right of a single creditor among many of the corporation to bring his separate action at law for his own debt, and recover a judgment for it against the trustees, though the allegations of his declaration be true.

If there exists an indebtedness of $850,000 in excess of the capital stock (which is alleged to be $50,000), it is clear that...

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