Stuart v. Robertson

Opinion by

LOG-SDON, 0.

The only question presented for determination in this proceeding is whether the trial court erred in sustaining the demurrer of defendants to the petitions ,of plaintiffs.

The contention of defendants upon the demurrers. and in this court, was and is that plaintiffs’ right of action and form of remedy was in the 'nature of a bill in equity, brought promptly upon discovery of insolvency and loss; that in such action the receiver should have been made a party, and that the recovery should be for the benefit of all the stockholders, and; its proceeds distributed as an asset…