McVICAR, District Judge.
This is an action by the receiver of an insolvent national bank to recover the assessment made by the Comptroller of the Currency against the defendant on stock alleged to have been owned by him when the assessment was made. The defense is that the defendant was not a stockholder. A jury trial was waived, and the facts were agreed upon by the parties. So far as they are pertinent to the question involved, they are briefly as follows:
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