Drain v. Stough

WILBUR, Circuit Judge.

This action was brought by the receiver of an insolvent national bank against the executor of the will of a deceased stockholder, Harry S. Landis, to recover the amount of an assessment levied by the comptroller of currency upon thq stockholders of the bank. The facts were stipulated, and the trial court rendered a judgment of dismissal upon the ground that the claim sued upon had not been presented to the executor within six months after the first publication of notice to creditors by the executor and hence that it was barred by reason of the state law-requiring claims…