Marshall v. Bethka

The opinion of the court was delivered by

Dawson, J.:

This was an action to recover on the statutory liability of .bank directors who knowingly assent to the reception of deposits by their bank at a time when it is insolvent or in failing circumstances.

In 1921 the Cedar State Bank, in Smith county, got into financial difficulties, and the bank commissioner ordered it closed unless new capital was put into it. Some effort was made to satisfy his orders; a change was made in the cashier’s office and three bankers of *82neighboring towns, Hull of Kirwin, Bethka of Stuttgart, and Cushing of Downs,…