Hyland v. Dewey

The opinion of the court was delivered by

Allen, J.:

This was an action for the recovery of money. The petition was in two counts — the first count was upon a written contract and the second count was upon an implied contract. The trial court sustained a demurrer to plaintiff’s evidence and directed a verdict in favor of the defendant. Plaintiff appeals.

The Hollenberg State Bank had a capital stock of $10,000, divided into one hundred shares of $100 each. The defendant Dewey owned ten shares of the stock.

In 1924 the bank, in satisfaction of debts, acquired title to certain lands. Part of this…