Nieman v. Soltis

KIRKPATRICK, District Judge.

This is a suit at law by the receiver of a closed bank against a stockholder to recover an assessment of the par value of his stock. An affidavit of defense has been filed, and this rule challenges its sufficiency.

The statement of claim alleges the defendant’s ownership of the stock, the closing of the Bank; the appointment of several successive conservators and receivers , (the last of whom is the present plaintiff), the assessment and demand upon the stockholders by the Comptroller of the Currency, notice to this .defendant, his refusal to pay, and the bringing…