Farmers State Bank v. Aubyn

The opinion of the court was delivered by

Dawson, J.:

This action grew out of the failure of the Farmers State Bank of Cunningham. The defendant St. Aubyn had been its assistant cashier, and shortly before it closed he borrowed from the bank $950 on his promissory note and' overdrew his account to the extent of $52.50. St. Aubyn held five shares of stock, and was subject to the consequent double liability of $500 thereon.

While the bank was operating it occupied a building owned by four tenants in common, one of whom was St. Aubyn. The bank paid rent at .the rate of $40 per month. When the bank…