Cunningham v. Shellman

*585Opinion op the Court by

Judge Carroll

Reversing on original appeal and affirming on cross-appeal.

The Two States Bank opened for business in 1903 and continued until March, 1911, when, being insolvent, it made a deed of assignment for the benefit of its creditors. Soon thereafter this suit was brought by the appellants, who were depositors of the bank, as plaintiffs, suing for themselves and other depositors, against Shell-man, Lee, Milner, Hamilton, Smith, Payne and Hardin, directors of the bank. The purpose of the suit was to recover from the directors dividends declared and paid by them when…