Castleberry v. Wells

Bell, Justice.

It is contended that the right of action, if any, is in the superintendent of banks. There is no merit in this contention. The plaintiffs are not complaining of an injury to the bank, or of any loss resulting to themselves as stockholders. While there is coincidence of stockholders’ relationship, the injury for which they are seeking a recovery is the personal loss sustained by each in contributing sums of money to maintain the bank as a going concern, which sums they were not required to pay as stockholders, but which they were induced to contribute by the fraudulent…