99 filed naming Bank of Clarke County as a defendant claiming that the Bank was aware of the deliberate diversion of County funds into Mr. Burtner’s account. The Bank claimed that it had no knowledge of the fiduciary character of the funds alleged to have been diverted, nor that it had profited or reaped any benefits from the alleged diversion of funds. The bank also said that the bond given by the treasurer was for the protection of banks as well as individuals. Judge Marshall wrote that the statute exempted banks from liability in the absence of actual knowledge of misappropriations where a fiduciary or agent makes a deposit to his personal account or checks payable to his principal and endorsed by him as a fiduciary. “In my opinion”, wrote Marshall, “the answer to this is a distinction between the powers and duties of public officers and fiduciaries irrespective of the Depository Act. The term fiduciary has never been held to include public officers in Virginia.” Further investigation uncovered a knowledge of the misappropriation of funds by the bonding company’s local agent, Mr. Clay B. Carr. The Bank alleged that Mr. Carr, as company agent for the bonding company, accepted and received two certificates of indebtedness with the knowledge they were the property of the County of Clarke and that the Treasurer held such certificates as Treasurer, and Carr negotiated the certificates and applied the proceeds to indebtedness Mr. Burtner had personally with Mr. Carr. Mr. Carr had the duty of taking action which would have saved it from loss for future misappropriations and a duty to reveal the facts, which he failed to do. The Bank was absolved of any involvement in the case. Messrs. A. Garland Williams, J. Edward Thoma and Frank S. Tavenner, attorneys, represented the bank. The 1955 stockholders’ meeting announced that a farm service department had been added on a part-time basis, with Julian Glascock in charge. A bank ad ran in 1955 addressed to “people of good intentions. A bank need never be ‘forbidding’. They can walk in and find other people, just as human as themselves, ready to help them build success and security and peace of mind. Whether you want a loan, or a safe place to deposit your money, or simply seek an opinion on some financial problem, come see us. You’ll always find a welcome here.” Several people joined the staff in 1955, including Audrey Brown Hudson, Shelby Grubbs, Lawrence W White, Jr., Shelby Jean Clark and Dorothy Ledford. The January 1956 Stockholders’ meeting had 80% of shares represented. Book value of stock was reported at $36.17. The installation of air conditioning in the Bank on March 24th was announced, with Mr. McWilliams adding “this innovation has met with the approval of the bank’s customers.” Mr. McWilliams’ promotion to Executive Vice President was also announced. Over 1,000 well-wishers attended the Bank of Clarke County Open House on April 2, 1956 and helped to observe the bank’s 75th anniversary. Tours were conducted and punch, cookies and salted nuts were served. Counters and desks were banked with flowers and guests stayed long after the 10 P.M. ending time. Wallets, pencils, histories commemorating the event and book matches were given to the attendees while children received suckers. Bankers attended from Manufacturers Trust of New York City, State Planters Bank of Richmond, First National Bank of Berryville and Farmers and Merchants National Bank of