Babcock v. Newby

The opinion of the court was delivered by

Harvey, J.:

This is an action, authorized by statute (R. S. 9-163, 9-164), by a depositor in a state bank against the directors of the bank for the amount of deposits made at times when the bank was alleged to have been insolvent, or in failing circumstances. The jury returned a general verdict for plaintiff and answered special questions. Defendants have appealed.

The evidence has not been abstracted. Appellants’ principal contention is that the answers returned by the jury to special questions required judgment to be entered in their favor,…