Page:Federal Reporter, 1st Series, Volume 8.djvu/71

HOBART V. GOULD. 67 �The want of analogy between the two cases, it seems to me, is made even more apparent by further laaiguage used by Judge Drummond in his opinion. He says, speaking of the bond : �" It is an indemnity given in pursuance of a law of the United States: the measure of the liability of the party, and the rights both of the plaintifis and the defendants, depend upon a law of the United States, and a rule of the supreme court of the United States. It is impossible to take a step in the progress of the cause, in order to determine the rights of the parties, without looking at the law and the rule as the guidance of the court, and controlling its judgment in the determination of the case." �Net 80 with the case at bar; and, on the -whale, without further discussion of the question, I am of the opinion that the juriadiction of this court bvCr the present bill cannot be maintained on either of the grounds urged by the learned counsel for the complainant, and therefore that the present proceeding in the nature of a motion for an attachraent for contempt cannot be entertained. ���HoBABT, Eeceiver, etc., v. Goxild. (District Court, D. New Jersey. July 11, 1881.) �1. National Bank— Insolvbnct— Stockholdeb a Cbeditor— Asbbssiibnt— Sbt- �Ofp— Rbv. St. § 5151. �A stockholder of an insolvent national bank, -who happeng also to beone of its creditors, cannot cancel or dlminish the assessment to which the provisions of section 5151, Rev. St., make him liable, by ofCsetting his individual claim against it. �2. Bame. �Section 5151 of the Revised Statutes of the United States, among other things, provides that the shareholders of every national banking assocation sball be beld individually responsible for all contracts, etc., to the extent of the amount of thelr stock therein, at the par value thereof, in addition to the amount in- vested in such shares. HM, that, upon the insolvency of such a bank, a share- holder who happens to be one of its creditors cannot cancel or diminish the asses.smcnt to which the provisions of this section make him liable, by oflset- ting his individual claim against it. �Demurrer to Plea. �A. J. Keashey, for the receiver. �C. F. e C. E. mu, for defendant. �Nixon, D. J. Section 5151 of the Revised Statutes of the United States, among other things, provides that the shareholders of every national banking association shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such associations, to the extent of the amount ��� �