Beckman v. Adams

Houck, P. J.,

This case, to recover an assessment from an alleged stockholder in a closed bank, was tried without a jury pursuant to the Act of April 22, 1874, P. L. 109, 12 PS §688. Final disposition was held in abeyance pending the decision of the Supreme Court in *480Gordon, Secretary of Banking, v. Wenderoth et al., 335 Pa. 1 (decided May 25, 1939), in which the lower court held (32 D. & C. 637) that the act authorizing the assessment is unconstitutional. In its decision, the Supreme Court did not pass upon this question, and I proceed to determine the case on the assumption that the act is…