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HUMBLE OIL CO. v. BERRY

No. 5531.

107 N.H. 449 (1966)

HUMBLE OIL & REFINING CO. v. MARTIN E. BERRY.

Supreme Court of New Hampshire.

Decided November 30, 1966.

Attorney(s) appearing for the Case

Robert A. Shaines and Fred J. Madrigan (Mr. Madrigan orally), for the plaintiff.

James Koromilas (by brief and orally), for the defendant.

KENISON, C. J.

The pertinent part of RSA 298:3 provides that upon demand of payment of a debt of a corporation ". . . it shall be the duty of the officers and stockholders thereof forthwith to pay and discharge the same with the funds of the corporation, or to expose unencumbered personal property of the corporation sufficient to satisfy the same with costs of suit, so that it may be attached in a suit of the creditor against the corporation; and if...

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