47 Kan. 744 | Kan. | 1892
The opinion of the court was delivered by
The facts in the ease are as follows: On the 1st day of March, 1884, and for a long time thereafter, the Winfield Bank was a corporation duly organized and existing under the laws of this state, having a capital stock of $50,000, divided into 500 shares of $100 each, which shares were issued and in the hands of various individual stockhblders. On the 23d day of April, 1884, J. C. McMullen, who was then the president of the bank, furnished to the proper assessor of the city of Winfield a statement, verified by his oath, showing that the bank was the owner of stock in a com
On the 1st day of August, 1884, H. B. Schuler became the owner by purchase from J. C. McMullen and others of about four-fifths of the capital stock of the bank, and on the last-named day McMullen resigned his office as president of the bank and was succeeded in office by Schuler, who thereafter was the managing officer of the bank, at whose instance this action was brought. Upon the trial, the court below found in favor of the defendants, and rendered judgment for costs against the bank. Complaint is made of this ruling, and it is contended that the case of Bank of Leoti v. Fisher, 45 Kas. 726, is conclusive in favor of the plaintiff. In that case, no question of estoppel was presented, argued, or decided. Further, in that case, it’appeared that before the assessment was finally completed the board of county commissioners received' from the president of the Bank of Leoti a list of stockholders, with the amount of stock held by each on March 1, 1889. This action is not prosecuted by the stockholders of the Win-field Bank, and it is not alleged or shown that the stockholders have ever asked that their individual stock might be assessed for 1884. It does not appear that the stock held by the several stockholders was assessed for 1884. H. B. Schuler succeeded J. C. McMullen as president, but the action is not brought in his name, but in the name of the bank itself.- The facts presented upon the trial disclose that all of the action
The judgment of the district court will be affirmed.