Sullivan v. Mountain

(sitting in place of Mr.

Justice Cheadle, disqualified).

This ease is before the Court on the appeal of the defendant, R. D. Mountain, from a judgment entered against him in the District Court for Toole county. The ease was tried by the court without a jury. Plaintiff was a stockholder in The First State Bank of Shelby, and brought this action for the benefit of the bank, upon the failure of the bank to bring the action. Briefly stated, the facts which are the basis of the action and the judgment of the court, are as follows :

One Arthur Haeh went to The First State Bank of Shelby in order to…