Gillett v. Moore

*486This action is by a shareholder against the Sterling National Bank and its receiver, in possession of its assets after insolvency, to establish, as a preferred claim, ahead of. general creditors, the amount of money paid by him under an illegal assessment, levied by its board of directors, to make good an impairment of the bank’s capital, or to replace worthless with good assets. Upon plaintiff’s motion for judgment on the pleadings, the court made the claim a preferred one. The material facts, which are admitted by the motion for judgment, are that, as the result of an examination of its…