66 Ga. 177 | Ga. | 1880
This was an action of debt brought in Chatham Superior Court, on a dormant decree obtained in the Circuit Court of the United. States against the Merchants’ and Planters’ Bank of Savannah.
The declaration was filed April 17th, 1879, and the,case was called for trial January 30th, 1880, when, on motion of defendant, the following order was passed : “ On motion, and after argument of counsel on both sides, ordered that the case be dismissed, the corporation defendant having become extinct by the expiration of its charter.” ' The charter expired by its own limitation on January 1st,. 1880.
During the same term of the co.urt a motion was made to reinstate the case, with leave to plaintiff to apply at or before the next term of the court for the appointment of
That was a suit brought against the directors of the Commercial Bank of Macon, to charge them individually for the debts of the bank, because the same exceeded three times the amount of the capital stock paid in, over and above the amount of moneys actually deposited in. their vaults for safe-keeping. During the pendency of this action against them, the charter of the bank expired,- and they pleaded the dissolution thereof in discharge of all liabilities due to and from the bank.
The directors under whose administration this excess-happened, being made liable by the act therefor, in their individual, natural and private capacities, in an action of
In that case the directors were in court to answer a personal liability, wholly separate and independent of any liability upon the part of the bank, and which the expiration of the charter could in no wise affect, much less dis-j charge. In this case there was nothing for .the court to act upon except a dead corporation, pursued by an individual creditor to obtain an individual judgment upon a dormant decree. We think that the ruling of the judge was right, and must be affirmed.
Judgment affirmed.