J. B. Mcneill and W. C. Roberts v. J. E. Pace

WHITFIELD, J. -- A suit in equity was brought by the Receivers of the Pensacola State Bank, a banking corporation, existing under the laws of Florida, against J. E.Pace, a stockholder of said corporation, to recover $1,000.00 as the defendant's statutory liability on his stock, it being alleged that the contracts, debts and engagements of said corporation are far in excess of the assets of said corporation, plus a sum of money equal to the capital stock of said corporation at its par value. A demurrer to the bill was sustained on the ground ""that the complainants are not the proper parties to enforce the liability mentioned in said bill,"" and the complainants appealed.