Sain v. . Love

The ultimate question in the case is whether the words of the complaint, reasonably construed, classify the action within the principle of Douglass v. Dawson, 190 N. C., 458, 130 S. E., 195, or within the principle applied in Bane v. Powell, 192 N. C., 387, 135 S. E., 118.

One of the distinctions between those two cases was pointed out in Wall v. Howard, 194 N. C., 310, 139 S. E., 449. Stacy, C. J., writing in Corporation Commission v. Bank, 193 N. C., 113, 136 S. E., 362, declares: “That the right of action against the officers and directors of a banking corporation for loss or depreciation…