ROGERS v. BALLENBERG

No. 121.

68 F.2d 730 (1934)

ROGERS v. BALLENBERG.

Circuit Court of Appeals, Second Circuit.

January 8, 1934.


Attorney(s) appearing for the Case

Leo E. Sherman, of New York City, and Charles S. Michel, of Corona, L. I., for appellant.

Max Shlivek and Lind, Shlivek, Marks & Brin, all of New York City (Saul S. Brin, of New York City, on the brief), for appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

The plaintiff, the receiver of a national bank, sues to recover an assessment against the defendant as one of its shareholders, under section 64 of title 12 of the U. S. Code (12 USCA § 64). The defense as pleaded is meaningless; it alleges that when the defendant bought the shares (apparently the bank shares), the "plaintiff" did not stamp the certificate in compliance with section 270 of the New York Tax Law (Consol. Laws, c. 60). However...

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