Reed v. Turner

KIRKPATRICK, District Judge.

The complaint sets up two claims against the defendant, who was a stockholder in a defunct national bank, the first upon a stock assessment and the second upon a promissory note.

As to the first, there is no defense asserted, and the attempt to put the plaintiff to proof as to certain facts material to his claim are obviously not in good faith. For example, for a defendant who is a stockholder in a bank which also holds his note to aver that he is without knowledge or information sufficient to form a belief as to the truth of the averments that the bank suspended…