Page:Federal Reporter, 1st Series, Volume 10.djvu/248

Head 286 FEDERAL REPORTER. �The proof shows, and the fact is found by the jury, that the nature of the interest of plaintiff was not known to defendant prior to the fire. It was a secret interest, and there is nothing in the evidence tending to show that the knowledge on the part of defendant of the nature of plaintiff's interest ought to be inferred. May, Ins. § 506; Finley v. Ins. Co. 30 Pa. St. 311; Farten v. Ina. Co. 9 Gush. 490; Allen V. Ins. Co. 12 Gush. 366. �Motion for new trial overruled. �Love, D. J., concurs. ���Harvet, Eeceiver, etc., v. Lord, �{Oircuit Vourt, iV. D. Illinois. January 4, 1882.) �1. Natioijal Banks — Voluntaby Liquidation— Cbeditok's Bill— Vexatious �Lli'IGATlON — PLBA in ABATEMBNT. �A creditor's bill was flled against a national bank, before the passage of the act of congress of June 30, 1876, (19 St. at Large, 63,) and a receiver was ap- pointed, who took possession of the property of the bank. An amended bill was filed in the cause, atter the passage of that act, to seoure the beneflts of the act, to which all the stockholders were made parties. Subsequently the comp- troller of the currency appointed a receiver to wind up the affairs of the bank, and this suit was brought by him against one of the stockholders. Hdd, on demurrer to a plea in abatement, which set forth these facts, that the defend- ant is entitled to judgment on the ground that, as the stockholder's liability can be completely enforced in the suit in equity, the general rule applies that a debtor ahall not be vexed by two suits in the same jurisdiction for the same cause of action. �2. Same— AuTHORiTT OF Comptholler dp Cubrenct- Voluntaby Liquidation �— IIeceivebs. �Whether the comptroller of the currency is authorized to appoint a receiver for a national bank, which is in voluntary liquidation, after a court of com- petent jurisdiction has appointed a reuciver and instltuted proceedings under a cifcditor's bill to enforce the liability of the stockholders, quosre. �On Demurrer to a Plea in Abatement. �Mason d Mason, for plaintiff. �F. H. Kales and H. B. Flurd, for defendant. �Blodgett, d. J. This a suit at law brought by Harvey, as receiver of the Manufacturers' National Bank of Ghicago, against Thomas Lord, to enforce his liability as a stockholder of the bank. To this suit the defendant has pleaded in abatement that on the third day of Feb- ruary, 1875, one James Irons, who was then a judgment crediter of the ��� �