Mershon-Welsh Co. v. International State Bank ex rel. Smith

I am unable to' agree with the majority of the court in the disposition of this appeal. I believe the majority opinion is wrong and establishes a dangerous precedent in holding the notice of rejection of plaintiff’s claim sufficient to bar plaintiff’s right of action. It is said the objection to the notice “goes to the form only.” It is not only objectionable in form, but it is devoid of substance.

'Section 8933, R. 1C. 1919, provides certain formalities in the allowance and rejection of claims against insolvent banks. The first step is the giving of notice by the superintendent of banks to…