Kennedy v. Citizens' National Bank

Plaintiff, a stockholder in defendant bank, alleges that during the years 1894 to 1898 defendant *124-set apart certain accumulated profits, to be divided among its stockholders in proportion to their several holdings; but before making the dividend wrongfully diminished the sum by paying therefrom the taxes assessed upon .a part of the stock, whereby fie claims to have sustained -damage. The defendant denies the claim, and alleges that the taxes were paid with the agreement and consent -of the plaintiff. The district court held the plaintiff entitled to recover.

Upon the record presented we think…