Sturdevant Bros. v. Farmers & Merchants Bank

Pound, C.

This action was brought upon an undertaking in replevin, executed in the name of the defendant bank by its cashier. Trial was had to the court, without a jury, and the plaintiff prosecutes error from a judgment in favor of the defendant. The facts are substantially undisputed, and the only questions argued relate to their legal effect. At the time the undertaking in question was given, the deL fendant was a corporation organized under the state banking act. There were five stockholders: J. H. Armstrong, owning fifty-five shares; W. W. Wood, twenty shares; one Weeter, a non-resident,…