State v. Citizens National Bank of Philippi

Woods, Judge:

This is an action on motion for judgment of the State of West Virginia against the Citizens National Bank of Philippi, a corporation, and sureties on a depository bond. The sole question certified is whether the pleas filed by the sureties present a defense to the action against them. The circuit court of Kanawha County overruled the state’s demurrer to the pleas.

The defendant bank, on April 30, 1931, executed its bond with the usual collateral condition to the state as a depository for state funds, with E. R. Dyer, K. G. Lodge, A. G. Waddell, W. D. Zinn, R. E. Talbott, George…