Rowley v. Pogue

On Petition fob Rehearing.

[March 28, 1933.]

Myers, J.

I do not approve the prevailing opinion in this case.

The important and major questions in the instant case were made to rest upon the reasoning and conclusions reached in the case of Gaiser v. Buck (1932), 203 Ind. 9; 179 N. E. 1. The complaint in that case proceeded upon the theory of a double liability of a stockholder in a bank of discount and deposit, under the mandate of the Constitution of Indiana, Art. XI, §6, and alsq pursuant to the statute, §3858 Burns 1926. The language of that opinion, when read in connection with the allegations…