Affirmed on authority of Hood, Commissioner, v. Love, ante, 583, Trust Co. v. Peirce, 195 N. C., 717, 143 S. E., 524, Bank v. Moseley, 202 N. C., 836, 162 S. E., 923, Carswell v. Talley, 192 N. C., 37, 135 S. E., 181.
Affirmed.
Hood ex rel. Bank of Stokes County v. Neal, 203 N.C. 864 (1933)
Jan. 4, 1933
·
Supreme Court of North Carolina
203 N.C. 864
GURNEY P. HOOD, Commissioner of Banks, ex rel. BANK OF STOKES COUNTY, v. J. W. NEAL et al.
(Filed 4 January, 1933.)
Appeal by defendants from Clement, J., at April Term, 1932, of Stokes.
Civil action instituted against tbe living officers and directors of tbe Bank of Stokes County, and against tbe executors and administrators of tbe officers and directors since deceased, for alleged misconduct and mismanagement on tbe part of said officers and directors during their respective administrations, and in which it is alleged they all participated under a general course of dealing or systematic policy of mismanagement, negligent waste and unlawful diversion of funds, commencing in tbe year 1921° and ending 8 November, 1930, when tbe bank was closed because of insolvency.
In tbe second cause of action, set out in tbe complaint, a large number of deeds and conveyances are sought to be set aside as fraudulent, *865alleged to have been given without consideration and with intent to hinder and delay the plaintiff in the collection of funds due by reason of the matters and things set out in the first cause of action.
Demurrer interposed on the ground of misjoinder of parties and causes of action. Overruled; exception; appeal by defendants.
Brown & Trotter for plaintiff.
Spruill c£ Olive, W. B. Dalton, Folger & Fo'lgm-, S. Porter Graves, Benbow & Hall and Gilmer Sparger for defendants.