Geber v. Gossweyler

PATTERSON, District Judge.

The action is one at law by the receiver of a closed national bank to collect an assessment levied by the Comptroller of the Currency against stockholders. The plaintiff moves for summary judgment; the defendants move for leave to serve an amended answer.

The complaint is in the conventional form for collection of assessments. It sets forth the closing of the bank on March 4, 1933, the appointment of the plaintiff as receiver, the levy of assessment by the Comptroller, the ownership of stock by the defendants, the nonpayment of the assessment. In the original answer…