Scales

This is an appeal by the defendant from a judgment for the plaintiff for $13,053.63. Plaintiff sues as trustee in bankruptcy of the R. B. Moore Mill and Lumber Company to recover the aggregate amount of forty-two checks drawn by R. B. Moore as president of the Moore Mill and Lumber Company and given by him to Martin Holje, defendant’s testator, in payment of a personal indebtedness of Moore to Holje. The complaint is in two counts, one count for money had and received, and the other to recover the same funds as having been paid out of the corporation’s treasury in fraud of creditors while it was insolvent and as the result of a conspiracy between Moore and Holje. The facts of the case are briefly: In November, 1906, Moore Mill and Lumber Company was organized with a capital stock of one hundred thousand dollars, divided into one thousand shares of one hundred dollars each. Three hundred thirty-three and one-third shares each were- issued to Moore and Holje. At no time during the life of the corporation were there any other stockholders except “dummy” directors holding one share each for which they paid no .consideration. On February 9, 1909, Moore individually purchased at par…