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# SUPREME COURT
From Cass County
Glenn R. Corrington, for the use and benefit of all the creditors of the Farmers State Bank of Barber, Montana, Plaintiff and Appellant,
-vs.-
H. D. Crosby, et al, Defendants and Respondents.
Syllabus: 1. A judgment or order of a District Court in Montana, declaring a banking corporation to be insolvent, and levying an assessment on the stockholders generally, in proceedings against such corporation for the appointment of a receiver, and for winding up its affairs, is conclusive on stockholders in this state, though they were not partice to said action nor served with process therein.
2. A creditor of an insolvent banking corporation, domiciled in Montana, may, on behalf of himself and all other creditors, institute and maintain, in this state, a suit against stockholders resident herein, to recover their added statutory liability without first having his claim reduced to judgment.
Appeal from District Court of Cass County, sustaining demurrer to the complaint: Hon. A. T. Cole, Judge.
REVERSED. Opinion of the Court by Cooley, District J., sitting in the place of Mr Chief Justice Christianson, disqualified.
John G. Pfeffer, Fargo, North Dakota, Attorney for Plaintiffs and Appellant.
Lawrence, Murphy & Nilles, Fargo, North Dakota, Attorneys for Defendants and Respondents.