Johnson v. Dunham

This is an action brought by the state examiner as ex officio superintendent of banks of the state of Montana to recover on a statutory stockholders’ liability from the defendant who is a stockholder in the Security State Bank of Terry, Montana. That bank became insolvent and was placed under the control of the plaintiff as liquidating officer on December 30, 1931. The action was brought in Burleigh county, North Dakota. This appeal is from an order overruling a demurrer to the complaint. The demurrer sets up several' grounds, but the one relied upon on this appeal is that the complaint does…