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DAKIN v. BAYLY

No. 44.

290 U.S. 143 (1933)

DAKIN, RECEIVER, v. BAYLY, LIQUIDATOR.

Supreme Court of United States.

Decided November 20, 1933.

Attorney(s) appearing for the Case

Messrs. Donald C. McMullen and George B. Springston, with whom Messrs. F.G. Awalt and George P. Barse were on the brief, for petitioner.

Mr. Melvin A. McMullen, with whom Mr. Thomas Hamilton was on the brief, for respondent.

By leave of Court, Messrs. George P. Barse and John F. Anderson filed a brief on behalf of the Comptroller of the Currency, as amicus curiae.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

This was an action on the common counts and on an account stated brought in the United States District Court for Northern Florida by the receiver of First National Bank of St. Petersburg, Florida, against the Peoples Bank of Clearwater, Florida, a state bank. In addition to pleas of the general issue, the defendant pleaded specially that the St. Petersburg bank was indebted to the defendant in a sum in excess...

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