Schram v. Koppin

PICARD, District Judge.

This is an action brought by B. C. Schram, as Receiver of First National Bank-Detroit, a federal banking corporation, against Henry S. Koppin, on some notes given in 1932 and '33 and which would have been outlawed under the statute of limitations at the end of 1938 and the first part of 1939. There were about eighteen notes in all. Suit was started by plaintiff in October, 1938 at which time the statute of limitations had not expired. However, when service was actually obtained, some fifteen months thereafter, the notes were outlawed.

The defendant contended: First, that…