SCHLENER v. DAVIS

No. 7331.

75 F.2d 371 (1935)

SCHLENER v. DAVIS.

Circuit Court of Appeals, Fifth Circuit.

February 11, 1935.


Attorney(s) appearing for the Case

Frank Michels and Arthur J. Hughes, both of Chicago, Ill., and Charles R. Pierce, of Miami, Fla., for appellant.

George W. Coleman and Wilbur E. Cook, both of West Palm Beach, Fla., for appellee.

Before BRYAN, SIBLEY, and WALKER, Circuit Judges.


SIBLEY, Circuit Judge.

On June 30, 1932, the First National Bank & Trust Company of Chicago Heights, Ill., failed, and appellant, John L. Schlener, became its receiver. An assessment of 100 per cent. was made on the stockholders. Appellee, Edward R. Davis, Sr., paid the assessment on 34 shares which then stood in his name, but refused to pay that on 250 shares which on September 20, 1930, had been transferred by him on the bank's books to his two sons. Suit at...

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