Aspinwall v. Butler
133 U.S. 595 (1890)

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U.S. Supreme Court

Aspinwall v. Butler, 133 U.S. 595 (1890)

Aspinwall v. Butler

No. 957

Submitted January 7, 1890

Decided March 3, 1890

133 U.S. 595

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF MASSACHUSETTS

Syllabus

This case differs in no material fact from Delano v. Butler,118 U. S. 634, and is governed by it.

When the previous proceedings looking to an increase in the capital stock of a national bank have been regular and all that are requisite, and a stockholder subscribes to his proportionate part of the increase and pays his subscription, the law does not attach to the subscription a condition that it is to be void if the whole increase authorized be not subscribed, although there may be cases in which equity would interfere to protect him in case of a material deficiency.

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