Eberts Cadillac Co. v. Miller

This action was commenced in circuit court on May 21,1962, to enforce the alleged liability of the defendants as officers of a corporation known as Chewning Motors, Inc. The declaration filed in the cause set forth the incorporation of Chewning Motors, further asserting that defendants Miller were vice-presidents thereof and that defendant Lynch was the secretary at the time the indebtedness was incurred, according to the 1959 annual report of the corporation. As the basis for such liability plaintiff averred that said report was the last one filed by Chewning, which discontinued business in…