Bush v. Lien

Plaintiff is a deposit creditor of the State Bank of Waubay. Defendants are stockholders of the bank. On the 8th day of October, 1926, the bank suspended; business and went into the hands of the superintendent of banks for liquidation. Plaintiff thereafter requested the superintendent of banks to commence action against stockholders to enforce the stockholders’ liability imposed by article 18, § 3, of our state Constitution and section 8993, R. 'C. 1919. The request was denied, and this action was commenced by plaintiff to enforce such liability in his favor. Defendants demurred to1 his…