Citizens State Bank v. Youst

The opinion of the court was delivered by

Thiele, J.:

The receiver of a failed state bank brought an action against Youst to recover his statutory liability as a stockholder. Youst answered, and thereafter plaintiff was given judgment on the pleadings. The defendant Youst appeals. The appeal by Fulkerson arises in the same manner, and will not be separately discussed.

Plaintiff’s petition, filed in October, 1934, alleged the incorporation of The Citizens State Bank of Cimarron; that it became insolvent in 1932; that Chas. W. Johnson was appointed and qualified as receiver; that he has determined…