McNair v. Darragh

STONE, Circuit Judge.

As receiver of the England National Bank of Little Rock, the appellant brought an action to enforce a stockholder’s liability against appellee. Appellee answered that he was not the owner of the shares in question, but held them as trustee for two of his minor children. Appellant moved to strike this answer as constituting no sufficient defense. This motion was denied and appellant, electing to stand upon his motion, a decree was entered in favor of appellee from which this appeal is brought.

The matter presented here is the sufficiency of the answer to constitute a…