It is not alleged in the complaint that plaintiff was not a stockholder in the Citizens Bank of Mount Olive at the time of its closing, and, for this reason, not liable to assessment. He has carefully avoided making such allegation, it seems. The only ground upon which he seeks to avoid the judgment of assessment is that there was no' certificate of stock standing in his name upon the books of the bank at the time of the assessment. Non constat that he may not have been an equitable owner of stock. C. S., 219 (a); Corp. Com. v. McLean, 202 N. C., 77, 161 S. E., 854; Darden v. Coward, 197 N. C., 35, 147 S. E., 671; Corp. Com. v. Murphey, 197 N. C., 42, 147 S. E., 667. The complaint is bad as against a demurrer.
*293It is still open to the plaintiff, however, to ask to be allowed to amend his complaint, if so advised. C. S., 515; Morris v. Cleve, 197 N. C., 253, 148 S. E., 253; McKeel v. Latham, 202 N. C., 318, 162 S. E., 747; S. c., 203 N. C., 246, 165 S. E., 694.
Devin, J., took no part in the consideration or decision of this ease.