Madison Bank v. Price

*290The opinion of the court was delivered by

Burch, J.:

The Madison Bank, of Madison, Kan., has a capital stock of 180 shares, of the paid up par value of $100 each. Its cashier, W. 0. Waymire, owned 49 of these shares, two of them standing in the name of E. H. Melbourne. Waymire became involved in a controversy with the bank and resigned his office. Immediately afterward he and Melbourne assigned in due form the certificates for the 49 shares to W. M. Price and W. S. Fallís, the plaintiffs. Price was cashier and active business manager of the First National Bank of Madison, a rival banking…