emma vnmcon. .. 7
The injunction will be conditioned that the rate of- the charge shall in
no case exceed that established by thegsupreme court, and a defendant
may at any time apply to the court for an order sto enforce this condition.
Gnmm, Substituted Trustee, v. Macon and others} , »
, i ;`(,U:7rcuit Oowrt, E.   Louisiana. May 30, 1887.)
0om·ona·1·1ons—Rmcnrvna-Consrnucrrox or Onnnw-Assnssumnrs. ·
· In a suit brought by a stockholder, on behalf of himself and of other stoclu
holders who may join him in the suit, against the corporation, its direcbrs
and superintendent, seekingan injunction to prevent waste, and asking for
a receiver,‘a`receiver was appointed, and the ordercontainedlthese words:
“And; ifthere shall be any sums due upon thershares of the capitalstock of ·
said company, the said receiver will proceed to collect and recover the same,]
unless the,perso°ns` from whom the said sums may be due shall be wholly in-
solvent, and for this purpose may prosecute actions, *’ etc. Heldythat the
authority intended to be conferred was merely to bringsuit in case the court
should levyan assessment, and that the order of itsel did not amount to a
call,. from which prescription would begin to run. » `
On Motion for New Trial. ‘ · V V ,
Alfred Goldthwqite, for plaintih`. A ·
Wwmcw  . Semmes and James Legendre, for defendants; V ·
B1LL1Ncs, J T. This action is brought for the recovery of 70 per cent. .
of the subscription, as shareholders, against numerous citizens of this
state. All other questions having been adjudged, the remaining ques-
tion is to be considered; whether the order appointing a receiver, and de-
fining his powers, in the case of Reynolds v. Netirmol Exp. do Tramp. Co.,
formerly pending in the circuit court for the Fourth circuit of the United _
States, district of Virginia, on January 12, 1867, amounted to a call
upon the stockholders for the fullamount of their subscriptions for stock.
The question is, did the order or decree amount to any call at all? If ‘
it did, then it is conceded prescriptionbegan to run, and the action
would, to the extent of the call; be barred. T ,
That suit is an action instituted by Reynoldsasa stockholder, he own-
ing, as he alleges, 50 shares of the stock of the corporation, in behalf of
himself and the other stockholders who may join him in the suit against
the corporation, its directors and superintendent. The suit was an in-
junction suit to prevent waste by paying usurious interest and by gross
negligence. A receiver is also asked for, and was appointed. The or-
derappointing the receiver is in the usual form , and contains these words:
"And, if there shall be any sums due upon the shares ofthe capital stock
of the said company, the said receiver will proceed to collect and recover
'Reported by Joseph P. Hornor, Esq., of the New Orleans bar.