Hiatt v. Peddy

BRYAN, Circuit Judge.

This is a suit by the receiver of the Dawson-City National Bank to enforce an assessment of the comptroller of the currency against J. W. Peddy, as the owner of ten shares of that bank’s stock. A demurrer, the principal ground of which was that the allegation of the petition was insufficient to show that Peddy was the owner of the stock upon which he was assessed, was sustained, and the petition dismissed. The receiver appeals.

The petition seeks to show the consolidation, pursuant to 12 USCA § 33, on December 29, 1931, of the Dawson National and the City National Banks,…