Peyton v. Chase County National Bank

The opinion of the court was delivered by

Harvey, J.:

This is an action by an administrator, with the will annexed, against the former executor of the estate under the will, and a bank of which the executor was president, to recover moneys of the estate alleged to have been wrongfully used by the former executor and bank officers for the benefit of the bank. Plaintiff recovered judgment against the former executor, from which no appeal has been taken. At the trial the court sustained the bank’s *764motion for judgment in its favor on the pleadings and. opening statement of counsel. Plaintiff has…