Friede v. Mackey

This is an action of contract by the receiver of the Southern Minnesota Joint Stock Land Bank of Minneapolis against an alleged stockholder in that bank, to recover an assessment. The general right to recover that assessment from stockholders here was established in Friede v. Sprout, 294 Mass. 512. The plaintiff filed an affidavit of no defence, under G. L. (Ter. Ed.) c. 231, § 59B. Norwood Morris Plan Co. v. McCarthy, 295 Mass. 597. In a counter affidavit the defendant showed that a number of years before the proceedings which led to the assessment, he had indorsed his certificate of stock…