Freeman v. Abraham

Dissenting Opinion by

Me. Chief Justice Maxey:

I dissent from the majority opinion. It is clear to me that the Secretary of Banking made no assessment against the appellee which imposed any liability on him until that official on January 28, 1944, “assessed” him the amount he “deemed necessary” and sent him “by registered mail ... a demand that the amount assessed against him be paid.” Then and not until then did this shareholder’s obligation to pay, and the Secretary’s right to collect from him, arise.

The measure of the maximum liability of a shareholder of an insolvent bank to a levy to help…