Barsness v. Burkee

Action to recover of the defendants, directors and stockholders of the Farmers State Bank of Brandon, the amount remaining unpaid upon two certificates of deposit issued by the bank to the plaintiff. The defendants demurred to the complaint. The demurrer was sustained, and the plaintiff appeals from the order sustaining it.

The ground of the recovery is the misconduct and mismanagement under G. S. 1923, § 7465, of the officers and directors of the bank. The right of recovery is conditioned upon the failure of the bank to pay the two certificates at the time of presentation.

On October 26, 1925,…