Henry v. Alexander

The opinion of the Court was delivered by

Mr. Justice FishburnE.

This action was brought by the plaintiff, as conservator of the Commercial Bank of Clinton, against the defendants, to enforce the collection of the stockholders’ statutory liability. We presume that the action was brought for the benefit of the depositors of this institution, although it is not so stated in the complaint.

On behalf of the defendants, demurrers were interposed, upon the grounds that the complaint failed to state facts sufficient to constitute a cause of action, in that, (a) It appears on the face of the complaint…