Downey v. Palmer

HULBERT, District Judge.

This is an action to recover an assessment upon a stockholder of a defunct National Bank. There was a settlement approved by the Court and payment made, but plaintiff claiming fraud and misrepresentation has seemingly credited the payment on account and sues for the alleged balance.

Issue was joined by the service of defendant’s answer on October 15, 1938. A motion made by defendant to dismiss the complaint was granted in the alternative and plaintiff served a reply pursuant thereto Feb. 24th, 1939.

Defendant now seeks to amend her answer by setting up as a defense a…