We have already examined the liability to creditors established by statute in the last section. We come now to those rights which the creditor, without the aid of a statute, can enforce against the officers of the corporation. The creditor can sue the officer of the bank who commits a tort against him. But this action lies not because he is a creditor, for it would lie in favor of any person injured by a tort.1 In the next place, some courts recognize that a creditor has certain rights which he can enforce against the officers of a corporation, where he sues in right of the corporation. Still other courts maintain the doctrine that a creditor can sue the officers of a corporation for negligence in the management of the corporation. The national bank act introduces further complication, which will be noticed in proper sequence. No subject is rendered more obscure on account of loose language used by the courts, but it is believed that the principles which underlie the subject are plain, and ought to be easy of application.

1 Sturges v. Burton, 8 Ohio St. 215; Gregory v. German Bank, 3 Colo. 333; Ashley v. Frame, 45 Pac. R 927. Contra, Banks v. Darden, 18 Ga. 318; Hargroves v. Chambers, 30 Ga. 580. But see the next case cited.

2 Huntington v. Attrill, 146 U. S. 657.

3 Banks v. Darden, 18 Ga. 318.

4 Robinson v. Bealle, 20 Ga. 275.

5 Hargroves v. Chambers, 30 Ga. 580.

6 White v. How, 3 McLean, 111; s. a, Fed. Cas. No. 17,548.

'Bullard v. Bell, 1 Mason, 243, agai; st a stockholder on a statutory liability.

8 St. Louis School Disk v. Broadway Bank, 12 Mo. App. 104 Contra, Ahl v. Rhodes, 84 Pa. 319.

1 The officer cannot shelter himself by saying that his act was outside of his duties as an officer. Mt. Vernon Bank v. Porter, 52 Mo. App. 244. This rule would apply also to suits by the bank, or its receiver, or by the stockholders.