The material issues in this case are in all re■spects similar to the issues in State Bank of Alcester v. Weeks, recently decided by this court and reported in 44 S'. D. 639, 189 N. W. 941, and on petition for rehearing in 190 N. W. 806; and, ■ ■upon the authority of that case, the judgment and order appealed from in this case are affirmed.

Note — Reported in 193 N. W. 60. See Agency, 2 C. J. Sec. 665, ■Corporations, 14A, C. J. Sec. 2257.