Greene

Tecumseh National Bank of Tecumseh, county of Pottawatomie, in the Western judicial district, Okl., a national banking corporation (to be referred to hereinafter as “the bank”), was declared insolvent and placed in the custody of the Comptroller of the Currency of the United States for liquidation on November 14, 1932. George C. Embry was appointed the receiver. He was later succeeded by the plaintiff. On the date of the insolvency, and long prior to it, the defendant, now a resident of California and of this judicial district, was the owner and holder of 53 shares of the capital stock of the bank. On January 10, 1933, the Acting Comptroller of the Currency of the United States made an assessment and requisition in the sum of $25,000 upon the shareholders of the bank, for the purpose of paying its debts. The assessment was made payable on or before February 17, 1933. And the receiver was authorized to take all the necessary proceedings to enforce the individual liability of the shareholders. Timely demand was made upon all the shareholders, including the defendant. The defendant’s share of the assessment was $5,300. Of this amount he has paid $3,435, leaving an unpaid balance of…