James Shellington, Respondent v. Gardner Howland, Appellant

Summary

The Court affirmed the judgment, holding that a justice may reserve a case for further consideration under section 264 of the Code even after directing a verdict, and that a plaintiff’s failure to satisfy the statutory condition of obtaining an unsatisfied execution is excused when performance is made illegal by the operation of federal bankruptcy law. The Court also held that proof of a debt in bankruptcy does not bar an action against a stockholder, and that a stock transfer not entered in the corporate register does not relieve the stockholder of liability.