HAYES, District Judge.
On December 30, 1922, the Commercial National Bank of Wilmington, N. C., was closed by reason of its insolvency and C. L. Williams was appointed receiver, agreeably to the statutes relating to national banks. In this capacity he brought an action against T. A. Green to recover on a promissory note of $4,000 held by the bank. The defendant admitted the execution of the note, but alleged that on May 26, 1922, through the false and
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