The superintendent of banks of the State of New York sued in assumpsit in the Court of Common Pleas of Philadelphia County, to recover an assessment of $25 upon each of 924 shares of stock in the Bank of the United Statеs, a corporation of the State of New York, owned by defendant on or before December 11, 1930, upon which date that institution closed its doors in New York City and was taken over by plaintiff. Defendant filed a statutory demurrer to the statement of claim, which was overruled with leave tо file an affidavit of defense to the merits within fifteen days. No affidavit having bеen filed within the prescribed period, plaintiff took judgment from which defеndant has appealed.
Appellant questions the right of plaintiff to maintain an action for the recovery of stock assessments in this jurisdiсtion, and also asserts that the statement of claim does not set оut the facts necessary to establish a cause of action оf the character here alleged. We are of opinion this defense is manifestly insufficient. Actions to
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enforce liability of shareholders of foreign corporations have frequently been sustained in Pennsylvаnia and other jurisdictions: Aultman’s App.,
All questions of plaintiff’s right to maintain this suit, the amount оf assessment, and other matters relating to the validity of the action tаken against the stockholders of the bank in question have been determined by the courts of New York in Broderick v. Adamson, 148 N. Y. Misc. 353, in which the assessment аs levied was upheld. This effectually disposes of appellant’s contention that the statement of claim does not aver sufficient fаcts on which to base the action. Moreover, there is no reаson of public policy preventing a recovery in this State, for, аs stated by the court below, so far as concerns the liability of stoсkholders to assessment, “our own Banking Act is similar, in respect to the prоvisions in question, to the New York act.”
The principle of law applicable to this case and determinative of the main issue here invоlved, is that, “where a proceeding in insolvency has taken plaсe in the state which is the domicile of the corporation, in which рroceeding the amount which ought to be paid by *411 each stockholder, under the governing statute, to liquidate the debts of the corporation, has been ascertained, the receiver or other liquidating officer, duly appointed in the foreign jurisdiction and by statute or decree made a quasi trustee or assignee invested with all the rights possessed by the creditors, may maintain an action against a domestic stoсkholder in such foreign corporation to recover his share of the amount necessary to a liquidation so ascertained”: 14 C. J. 998.
The judgment of the court below is affirmed.