Bank of Darlington in Liquidation v. Atwood

On the 20th day of October, 1927, the Finance Commissioner of the State of Missouri took over the property, business and affairs of the Bank of Darlington at Darlington, Gentry county, Missouri, said bank being insolvent at that time. Thereafter, this action was brought at the instance of said commissioner to recover an alleged overdraft, evidenced, according to the allegation of the petition, by a number of checks, the date and amount of each being stated.

There is a further allegation that the assistant cashier and bookkeeper of the bank who received and paid the checks failed and neglected…