Main v. Schroeder

Defendant appealed from an order striking out his answer as sham and frivolous.

Plaintiff seeks to recover a $500 assessment upon defendant’s five shares of stock in the Merchants National Bank of Detroit upon the theory that the bank is insolvent and that the assessment has been made upon the shareholders by the comptroller of the currency.

The answer alleged that the bank was at no time in default, and that there was no necessity to enforce the individual liability of the stockholders; and that any attempt of the comptroller to make such assessment was without authority of law and void.

Upon…