Nieman v. Bethlehem Nat. Bank

KIRKPATRICK, District Judge.

This is a suit by the receiver of an insolvent national bank to collect a stock assessment. At the timé the assessment was made the stock was owned by the bank itself as trustee under the will of one Adam Brinker, who died in 1928.

The case is plainly one for a summary judgment for the plaintiff. A reading of the pleadings shows that there is no genuine fact issue in the case. The only facts in the plaintiff’s complaint not expressly admitted are: (a) the Comptroller’s finding of insolvency, taking possession of the bank and appointment of the first receiver; (b)…