Breene v. Merchants' & Mechanics' Bank

De France, C.

The defendant bank, a corporation engaged in the banking business at Leadville, suspended payment and closed its doors to the public on the afternoon of the 30th day of January, 1884. For some time previous thereto it had been, and was then, in an insolvent condition, indebted, as afterwards appeared, over $200,000, and having assets sufficient to discharge only about one-third of its indebtedness. In less than an hour after it closed its doors, the plaintiff, Breene, the holder of 'a certified check on said bank, calling for $7,000, then over due, brought suit in the district…