Proctor v. First National Bank of Viroqua

In order to determine the question at issue, that is whether the plaintiff can recover his proportionate share of the recoupments made by the bank on account of the assets set aside in 1916, some of the allegations of the complaint must be first construed.

It is alleged that the defendant did take from its assets the securities listed by the comptroller and that the assessment of $15,000 was levied “with which to purchase from the said banking corporation the securities so ordered removed from its assets,” which seems to be in direct conflict with the eighth allegation, which is “that all of…