Schwinn v. Gordon

Opinion by

Rhodes, J.,

This is an action in trespass by a shareholder of a building and loan association against a former Secretary of Banking to recover damages alleged to have been suffered by plaintiff as the result of the unlawful and negligent performance by defendant of his official duties. Defendant filed an affidavit of defense raising questions of law to plaintiff’s statement of claim, and from the order of the court below sustaining defendant’s affidavit plaintiff has appealed.

In his statement of claim plaintiff averred that on and before April 27, 1929, he was a shareholder in the…