McDonald v. McFerson

McFerson, as bank commissioner, on a trial to the court, had a judgment against McDonald on a suit to enforce the latter’s statutory liability as a stockholder in the Farmers State and Savings Bank which was in liquidation in the hands of the commissioner, and the defendant brings error and moves for supersedeas.

He introduced no evidence at the trial but contends here that a nonsuit should have been granted because: (1) No indebtedness of the bank was proved; (2) he was not shown to be a stockholder. He also claims that his balance on deposit in the bank should have been set off against his…