GARVY v. WILDER

No. 7451.

121 F.2d 714 (1941)

GARVY v. WILDER et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 19, 1941.


Attorney(s) appearing for the Case

Wm. Simon, of Chicago, Ill., for appellant.

Frank T. O'Brien, T. J. Murtaugh, and Harold J. Tallett, all of Chicago, Ill., for appellees.

Before EVANS and KERNER, Circuit Judges, and BRIGGLE, District Judge.


This action was brought to collect interest on an assessment made by the Comptroller of Currency against two owners of stock of the Waukegan National Bank, which failed June 18, 1931. The Comptroller levied a one hundred percent. assessment payable "by September 29, 1932." The two stockholders paid the face of the assessment, August 11, 1936, but denied liability for interest thereon. The suit was begun in February, 1940, more than five years after the assessment.

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