Mermis v. Waldo

BRATTON, Circuit Judge.

The First National Bank of Ellis, Kan., became insolvent and suspended business in March, 1933. The Comptroller of the Currency appointed a receiver and later made an assessment against the shareholders -of stock of 100 per cent, of the pat-value thereof. According to the records of the bank. L. C. Ross and E. C. Waldo each owned 89 shares of such stock. The receiver instituted separate suits against them to enforce such assessment, alleging in each instance ownership of 89 shares. Waldo answered. Ross entered his ap*392pearance and later died. The action was revived in the…