This action is brought against stockholders of the Pacific Bank to recover the portions of the debts of the bank for which they are respectively liable as stockholders. Many claims are consolidated. But only in the case of two claims are questions presented on this appeal.
I. The complaint alleges that on the twenty-third day of June, 1893, there was on deposit in said bank belonging to and to the credit of H. D. Eowe, the assignor of the plaintiff, the sum of $4,891.01; that on said twenty-third day of June the bank closed its doors and suspended business. The answer denies that on the twenty-third day of June there was on deposit to the credit of Eowe any more than $228.25. The court finds that there was on deposit, as alleged in the complaint, the sum of $4,891.01. Appellant claims that the evidence is insufficient to justify the finding. The evidence shows that Eowe had that amount, $4,891.01, on deposit on the 17th of June; that on that day and on the 21st of June he drew two checks for drafts or bills of exchange by the Pacific Bank on the Rational Bank of Illinois at Chicago in favor of Charles A. Cap-well. These checks were charged against his account and reduced the…