HOUSTON v. DRAKE

No. 8719.

97 F.2d 863 (1938)

HOUSTON v. DRAKE.

Circuit Court of Appeals, Ninth Circuit.

June 27, 1938.


Attorney(s) appearing for the Case

Cleon T. Knapp, James P. Boyle, and B. G. Thompson, all of Tucson, Ariz., for appellant.

George R. Darnell, Samuel L. Pattee, and Lawrence V. Robertson, all of Tucson, Ariz., for appellee.

Before WILBUR, MATHEWS, and HEALY, Circuit Judges.


WILBUR, Circuit Judge.

The appellant is the voluntary liquidating agent of the Consolidated National Bank of Tucson, appointed in pursuance of the provisions of R.S. § 5220, 12 U.S.C.A. § 181, by vote of two-thirds of the stockholders of the bank. The resolution appointing appellant was passed April 15, 1935, and on that day he gave the appellee notice that he rejected and recognized no further liability under a lease hereinafter referred to. Subsequently...

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