King

This is an action brought by plaintiff as receiver of an insolvent national bank in the state of Kansas to recover from defendant, as a stockholder of said bank, the amount of an assessment levied upon certain stock of which he was the alleged owner. After the bank had gone into voluntary liquidation a proceeding was instituted by one of its creditors in the United States circuit court for the district wherein the bank was located, in which proceeding plaintiff was appointed receiver of the bank. Thereafter, on February 12, 1900, the court, by an order made in said proceeding, levied an assessment of $38.84 upon each share of the capital stock of said bank, and ordered that the same be paid by the holders thereof to said receiver within sixty days from said date. It is alleged that at the time and ever since the incurring of the indebtedness for which the said assessment was levied defendant resided out of the state of Kansas, and that he has never been a resident of this state, nor been within the state for a period aggregating one year.

Defendant demurred generally to the second amended complaint, and also upon the ground that plaintiff had not legal capacity to sue in this…