Dean

The plaintiffs, as trustees of the United States Aircraft Corporation, a bankrupt, brought this action to recover the sum of two thousand five hundred dollars, alleged to have been “wholly lost” to the corporation through misappropriation of corporate funds by the defendant Mulford, a director, and the president and general manager of the corporation j the defendant Shingle having also been a director of the corporation at the time of the alleged misappropriation. The defendant Shingle alone appeared in the action, and demanded that the cause be tried by a jury. When the evidence was all in, the plaintiffs moved the court for a directed verdict. The motion was granted, and the jury returned a verdict in favor of plaintiffs and against the defendant Shingle for the full amount prayed for. The court “accepted” the verdict, and judgment thereon was entered without any formal findings being made. After motion for a new trial made and denied, the defendant Shingle appealed from the judgment..

The complaint is in two counts: The first count is based upon the liability created by section 3 of article XII of the state constitution, which provides that “the directors or trustees of…