Schram

Schram v. Robertson

Good Law
111 F.2d 722·1940 U.S. App. LEXIS 3755
United States Court of Appeals for the Ninth CircuitApril 30, 1940No. 9240California1,551 words

Opinion

Lead Opinion

Denman, J.

This is an appeal from a judgment dismissing appellant’s bill with prejudice and denying appellant’s motion for leave to file a supplemental bill. The dismissal was granted upon the ground that appellant’s cause of action was barred by a California statute of limitations. Appellant, hereinafter called Schram, as the receiver of the First National Bank-Detroit, hereinafter called First National, is suing appellee as stockholder in Detroit Bankers Company, a Michigan corporation, hereinafter called Bankers Company, for an assessment levied upon the stock of the First National formerly held by Bankers Company, now dissolved, with its assets held by its receiver. Appellee held shares in Bankers Company at the time of the levy of the assessment on the shares of First National. She had paid part of the assessment and the suit here is for an accounting to determine a claimed balance and for its recovery.

This appeal is one of a series in this court beginning with Schram v. Poole, 9 Cir., 97 F.2d 566 , succeeded by Schram v. Smith, 9 Cir., 97 F.2d 662 , and Schram v. Leyda, 9 Cir., 97 F.2d 665 . The facts concerning the creation of Bankers Company, a corporation having several thousand…

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