Citizens' National Bank v. Elliott

— I. The first ground upon which a recovery was sought on the counter-claim was stated as follows:

“ As an affirmative defense, and by way of counter-claim, defendant says that heretofore, to-wit., in the fall of 1871, he, with Samuel Merrill, bought into a banking firm composed of Samuel Ooskery and John W. Ulm, and that this defendant and said three others soon thereafter formed a corporation *105known as The Citizens’ Bank, of which bank the said Coskery, Ulm, Merrill and this defendant and one other, were the first directors; the said Merrill being chosen as president and this defendant as…