Bank of Marlinton v. King

Maxwell, Judge:

On this certification, there is involved the actioD of the circuit court of Pocahontas County in overruling the plaintiff’s demurrer to the cross-bill.

With the approval of the state banking commissioner, the plaintiff, Bank of Marlinton, by contract of February 19, 1931, between it and the Bank of Hillsboro, took over the assets (stockholders’ liability included) and assumed the-liabilities of the latter bank, insolvent and closed.

The assets, other than liabilities of stockholders and officials, being insufficient to discharge the indebtedness, the plaintiff instituted this…