Murray

Sill, as receiver of the First National Bank of Nampa, Idaho, recovered judgment against Murray for $16,000 on a stockholder’s liability (Act Dec. 23, 1913, c. 6, § 23 [U. S. Comp. St. § 9(589]) upon 160 shares of the capital stock of the bank. Murray brought writ of error.

The bank suspended business as of March 17, 1923, and turned over its affairs to the Comptroller of the Currency on March 19, 1923, and a receiver was appointed. After assessment and demand were made by the Comptroller of the Currency, Murray refused to pay, upon the ground i hat-the depositors signed a waiver which, he contended, was a renunciation of any and all rights that the depositors had to collect on tlie statutory liability. The waiver came about in this way: In April, after the hank was closed, one Thompson offered, in writing, to buy all of the “assets” of the bank exclusive of notes of a certain face value and also “exclusive of the suporadded stockholders’ liability,” and of certain other specified property. A large majority of the depositors signed and delivered to a depositors’ committee a printed waiver wherein, after a specification of the substance of Thompson’s offer, including the exception…