9-156.
History: L. 1897, ch. 47, § 55; L. 1909, ch. 59, § 7; R.S. 1923, § 9-156; L. 1929, ch. 88, § 1; Repealed, L. 1947, ch. 102, § 143; June 30.
CASE ANNOTATIONS
1. Creditors not deprived of right to sue stockholders; condition precedent. Sims v. Brown, 10 Kan. App. 2d 261, 62 P. 713.
2. Receiver cannot maintain suit to enjoin creditor from suing stockholder. Sims v. Brown, 10 Kan. App. 261, 62 P. 713.
3. Effect of passage of this act upon former indebtedness considered. Woodworth v. Bowles, 61 Kan. 569, 571, 60 P. 331.
4. The 1891 act did not inhibit action after receiver appointed. Warner v. Imbeau, 63 Kan. 415, 420, 65 P. 648.
5. Stockholder estopped by failure to appear and defend upon notice. Warner v. Imbeau, 63 Kan. 415, 420, 65 P. 648.
6. Act does not apply to pre-existing indebtedness; act not retroactive. Thompson v. Pfeiffer, 66 Kan. 368, 371, 71 P. 828.
7. Statute imposing "double liability" not repealed by constitutional amendment. Bank v. Laughlin, 111 Kan. 520, 524, 207 P. 433.
8. Fund collected from stockholders is trust fund for benefit of all creditors. State Bank v. Reed, 114 Kan. 216, 217 P. 320.
9. Petition held to allege necessary facts to allow recovery of double liability. State Bank v. Richardson, 117 Kan. 695, 232 P. 1070.
10. Assessment has no effect on double liability. Citizens Bank v. Needham, 120 Kan. 523, 538, 244 P. 7.
11. Stock passing into hands of administrator is subject to double liability. Farmers State Bank v. Callahan, 123 Kan. 638, 641, 256 P. 961.
12. Part of act holding transfers after insolvency void as to stockholder's liability is constitutional. Glenn v. Callahan, 125 Kan. 44, 47, 262 P. 583.
13. Statute does not give receiver preference over stockholder's other creditors. Alter v. Johnson, 127 Kan. 443, 273 P. 474.
14. Assignment of stockholder's property void as to double liability. Masheter v. Carman, 130 Kan. 856, 858, 288 P. 543.
15. Stockholder's right to rescind stock subscription after failure for fraud determined. Citizens State Bank v. Youst, 144 Kan. 720, 723, 62 P.2d 917.
16. Creditor's bill to enforce double-liability judgment governed by five-year limitation statute. Citizens State Bank v. Farmer, 145 Kan. 103, 104, 108, 64 P.2d 561.
17. Section discussed in construing K.S.A. 9-153. Gould v. Fidelity State Bank, 149 Kan. 422, 425, 426, 87 P.2d 594.
18. Action against executor for deceased stockholder's double liability; district court has jurisdiction. Grinnell State Bank v. Fellhoelter, 153 Kan. 554, 556, 112 P.2d 116.
19. Priority of payment of double liability over stockholder's other creditors. Wheeler v. Johnson, 26 F.2d 455.
20. Void "transfers" not limited to defeating voluntary acts for stockholder. Wheeler v. Johnson, 26 F.2d 455.
21. Liability is preferred claim through lien obtained within four months of bankruptcy. Garrison v. Johnson, 66 F.2d 227, 228.
22. Mentioned; district court action to establish alleged equitable mortgage on personalty constituted demand; probate court jurisdiction. Shields v. Fink, Executrix, 190 Kan. 17, 24, 372 P.2d 252.
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