Columbia Land Co. v. Empson

This suit was brought by plaintiff corporation to recover $17,500 alleged to have been misappropriated by its deceased secretary-treasurer. The executrix of the estate of the deceased and the bank in which the deceased deposited the corporation’s funds in his individual name are joined as defendants. Plaintiff appeals from an order dismissing the suit on the ground that the declaration failed to state a cause of action against the bank.

G-. Raymond Empson was the secretary-treasurer of plaintiff corporation from December, 1923, continuously until his death, testate, in 1937. His will was duly…