Hoffman v. Unger

The plaintiff, in his bill of complaint clearly and unequivocally alleges that “all of said depositors have been paid the principal of their respective deposits in full but have been paid no interest thereon.” (Italics supplied.) No pleading or evidence in the case in any degree contradicts this statement. The court clearly accepted and acted upon it, since the final decree provides that the receiver “do pay said sum of $3,639.18, or a dividend of 2.2% interest to the depositors on claims proven in said bank”. (Italics supplied.) It is, therefore, absolutely clear that the principals of all…