Warnock v. Fogle

— This was an action by the appellee, for himself and all others similarly situated, against the appellant and seventeen other stockholders of the Farmers and Merchants State Bank of Geneva, Indiana, which was in the hands of a receiver, to recover what is commonly known as the double liability of stockholders in a banking institution under the Constitution of the state of Indiana, on the ground that the assets were insufficient to discharge the indebtedness thereof. The appellee alleged that he and the others for whom he brought the action were unpaid creditors.

The complaint was in one…