
    BIBLE v. SOMERS CONSTRUCTION COMPANY.
    No. 14283.
    October 14, 1942.
    
      
      Wyatt & Morgan and J. Ellis Pope, for plaintiff in error.
    
      T. Boss Sharpe, contra.
   Grice, Justice.

The evidence, with all reasonable deductions or inferences therefrom, did not demand a finding in the plaintiff’s favor. The record does not support its contention that the counter-claim arose after the filing of the suit, nor can Bible be denied the right to assert this counter-claim merely because he was a stockholder and treasurer of the plaintiff. 19 C. J. S. §§ 798, 810. The record presents no case of other creditors of the corporation contesting with him as to priority of liens; and the mere fact that the corporation may be insolvent affords no reason why a verdict should be denied on his counter-claim. The uncontradicted evidence in this record supported his claim. If 'it spoke the truth, the plaintiff was not entitled to a verdict, and it was erroneous so to direct in its favor.

Judgment reversed.

All the Justices concur, except Hewlett, J., not participating.  