Hardin v. McKnight

Citations

• 107 Miss. 73
• 64 So. 965

Syllabus

<p>Banks. Action against directors. Demand on receiver.</p> <p>A declaration which avers that plaintiff was a depositor of a bank and that defendants were directors of said bank and wilfully and negligently failed to perform their duties as directors and failed, neglected and refused to supervise the business of the bank, and that because of the directors’ negligent failure and refusal to perform their duties, the bank had become insolvent and a receiver had been appointed to wind up its affairs and in consequence, plaintiff lost his claim against the bank, is demur-rable because it does not allege that the receiver of the bank had been requested to bring suit and had refused to do so.</p>