Kelley v. Baggott

Mr. Presiding Justice Edwards

delivered the opinion of the court.

Appellants brought an action of trespass on the case, as general depositors of the Zeigler State Bank, previously closed as insolvent, against appellees, the directors of such institution, to recover for loss of their deposits.

The declaration, consisting of a single count, in substance charged that the bank was operating as such between October 1, 1929, and December 4, 1930, on which latter date it was closed by the auditor of public accounts, as insolvent; that relying upon the solvency of the bank, appellants, during such…