Goddard v. Security Title Insurance & Guarantee Co.

THE COURT.

Upon rehearing, we hereby adopt the former opinion of this court, prepared by Mr. Justice Lang-don, with certain changes hereinafter appearing. The said opinion reads as follows:

“This is an action against stockholders of Metropolitan Trust Company, a corporation, to recover on their proportional liability for the debts of the corporation. The obligation arose in 1930, before the repeal of our statutory provision governing this liability. The cause of action arose out of the alleged violation by the corporation of instructions concerning the use of trust money paid to it by plaintiff.