Becher v. Sidner

STONE, Circuit Judge.

Sidner brought an action against the receiver of the Union National Bank of Fremont to recover dividends unpaid to him upon a deposit which he had in the bank at the time it was taken over by the comptroller. Besides admitting the deposit, the allowance thereof as a claim, the declaration of dividends, and their nonpayment on this deposit, the receiver pleaded a counterclaim which was that Sidner was the owner of 8% shares of the bank stock and that he had never responded to the double liability which had been ordered by the comptroller. Thus the counterclaim presented…