Dunbar Tire & Rubber Co. v. Crissey

Ritz, Judge:

This writ of error brings np for review a-judgment of the Circuit Court of Kanawha County rendered in favor of the plaintiff, notwithstanding the verdict of the jury in favor of the defendants. The suit is an action of assumpsit brought to recover the sum of fifteen hundred dollars which it is claimed the two defendants received out of the treasury of the plaintiff without any authority, or without any consideration; they being at the time the president and the treasurer of the plaintiff respectively.

The facts are that the plaintiff was organized as a corporation in September,…