O'Connor

The “Consolidated National Bank,” organized under the laws of Congress, failed on June 21» *526 1893, and on June 23,1893, the United States comptroller of the currency appointed the plaintiff herein, O’Connor, receiver of said bank. On October 25, 1893, the said comptroller made an assessment for two hundred and fifty thousand dollars equally and ratably upon the shareholders, to the amount of one hundred per cent of the par value of the shares of the capital stock of said bank; and on November 25,1893, he made an order directing the plaintiff, as such receiver, to institute suit to enforce against each shareholder his personal liability under such assessment, and under that order this action was brought. It is averred in the complaint that at the time of the failure of said bank defendant, Witherby, was a shareholder to the amount of one hundred shares, represented by certificate No. 211 for twenty-five shares, and by certificate No. 212 for seventy-five shares. Defendant denied the ownership of said shares. There was a jury empaneled in the case; but at the close of the evidence the court instructed the jury to find a verdict for plaintiff, which was done, and judgment was…