Southworth v. Morgan

Kbuse, J. (dissenting):

I dissent upon the authority of Christensen v. Eno (106 N. Y. 97).

In view of the express agreement to the contrary no promise by the defendant can be implied to pay more for the stock than he paid, and in the absence of any provision in the laws of the State of the foreign corporation, subjecting the stockholder to personal liability beyond his promise, none exists, as I think, against him.

Judgment affirmed, with costs.