Willing v. Jensen

MARIS, District Judge.

This is an action by the receiver of the Sixth National Bank for the amount of a 100 per cent, stock assessment made on 95 shares of the stock of the bank. The defendants filed an affidavit of defense, and the plaintiff has entered a rule for judgment on the ground that the de- ■ fense therein set up is insufficient. Among the facts admitted by or averred in the affidavit of defense, and which on this *597motion must be taken to be true, were the following:

On February 28, 1933, at 3.30 o’clock p. m., the bank suspended payments to depositors in the ordinary course and placed…