Cited by

1913A, 719; McKusick v. Seymour, Sabin & Co. 48 Minn. 158 , ; State ex rel.

Arthur v. Willius, 44 Minn. 409 , ; McKusick v. Seymour, Sabin & Co. 48 Minn. 158 , ; Minneapolis Paper Co. v. Swinburne Printing Co. 66 Minn. 378 , .

McKusick v. Seymour-Sabin & Co. 48 Minn. 158 , ; Winnebago Paper Mills Co. v. Northwestern Printing & Publishing Co. 61 Minn. 373 , .

What was said in [McKusick v. Seymour, 48 Minn. 158 ,] is equally applicable here as to the right to enforce such a liability in the sequestration proceeding upon the petition or complaint of creditors who have become parties to it.” The Hospes case and McKusick case were both actions under chapter 76, and each was brought by a creditor in behalf of himself and all oth

McKusick v. Seymour, Sabin & Co., 48 Minn. 158 , , relied upon by the respondents to sustain their contention that a receiver is empowered to enforce the individual liability of a stockholder, does not support the claim, except by an obiter dictum to the effect that the liability could be enforced on the complaint of the receiver and that, ordinarily

The case resolves itself into a question of the construction of the various provisions of chapter 76; and, to construe these provisions intelligently, it is necessary to refer to the history of that chapter, a subject which we had occasion to consider somewhat in McKusick v. Seymour, Sabin & Co., 48 Minn. 158 , .

No doubt on this point ought to have existed at any time since the decision in McKusick v. Seymour, Sabin & Co., 48 Minn. 158 , .

S. 1894, §§ 5900-5910) apply only to “moneyed corporations” is disposed of in McKusick v. Seymour, Sabin & Co., 48 Minn. 158 , .

Though not thus stated, this rule is applied in Allen v. Walsh, 25 Minn. 543 ; Johnson v. Fischer, 30 Minn. 173 , ; McKusick v. Seymour, Sabin & Co., 48 Minn. 158 , ..

The remedy for enforcing such double liability of stockholders is that provided by G. S. 1894, c. 76, §§ 5889-5911, and it is the exclusive remedy, Allen v. Walsh, 25 Minn. 543 ; Johnson v. Fischer, 30 Minn. 173 , ; McKusick v. Seymour, Sabin & Co., 48 Minn. 158 , .

That G. S. 1894, § 5905, and the subsequent sections, are broad enough in their terms to apply to any proceeding brought under this chapter 76 (G. S. 1894, §§ 5889-5911), was held in McKusick v. Seymour, Sabin & Co., 48 Minn. 158 , , and it follows that they must be construed with reference to other sections.

But as said by the court in McKusick v. Seymour, Sabin & Co., 48 Minn. 158 , ( ,) where, in proceedings under chapter 76, stockholders had been brought in to answer to their liabilities as such on the application of creditors, instead of the receiver: “But it is not important on whose petition, complaint, or whatever you please to call it, the enforcement of the liability is in