Sweet v. Montpelier Savings Bank & Trust Co.

The opinion of the court was delivered by

Atkinson, J.:

T. B. Sweet, George M. Noble, and E. M. Shelden, who were defendants below and plaintiffs in error here, were president, vice-president, and *642treasurer, respectively, of the Trust Company of America, a corporation having its place of business in the city of Topeka. They were also large stockholders and had the active management, charge and control of its affairs, its business, among other things, being that of receiving money in trust, executing trusts, and performing such duties as might be committed to it by others.

In June, 1898, at the…