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DOWNEY v. PALMER

No. 361.

114 F.2d 116 (1940)

DOWNEY v. PALMER.

Circuit Court of Appeals, Second Circuit.

August 12, 1940.

Attorney(s) appearing for the Case

Benjamin W. Moore, of Yonkers, N. Y. (Milton L. Romm, of Yonkers, N. Y., of counsel), for appellant.

John J. O'Connor, of New York City (J. Daniel Dougherty, of New York City, of counsel), for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

The plaintiff is the receiver of an insolvent national bank upon whose stock the comptroller of the currency levied an assessment of 100 per cent. payable June 18, 1934. On September 22, 1938, the receiver commenced the present action. The complaint alleges that the assessment upon stock owned by the defendant amounted to $62,000, and payment thereof was duly demanded; that on September 26, 1935, the defendant acknowledged in writing the indebtedness...

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