Graham, Receiver v. Berry

The opinion of the Court was delivered by

Mr. Justice StabeEr.

This is an action brought by the receiver of the closed Bank of Pelion against the stockholders to assess and secure judgment for the respective amounts of their statutory liability. Certain of the stockholders who had deposits in the bank when it closed set up the defense that they were entitled to set off their deposits against their liability as stock holders, and also counterclaimed for the amounts of their deposits. Plaintiff demurred to the answers and counterclaims on the ground that they did not state facts sufficient to…