Pirott v. Heinen

*187The opinion of the court was delivered by

Dawson, J.:

This was an action founded on the statutory liability of a bank director who assented to the receipt of a deposit when the bank was insolvent or in failing circumstances.

In brief the facts were these: Plaintiffs owned a farm near Cawker City. They authorized defendant Heinen to sell it for them. He did so and deposited the net proceeds, first in a Beloit bank, and later in the Commercial National Bank of Cawker City which was then insolvent and passed into receivership about three weeks later.

Defendant was and for many years had been a…