McDonald v. Thompson

Citations

• 184 U.S. 71
• 22 S. Ct. 297
• 46 L. Ed. 437
• 1902 U.S. LEXIS 2313

Syllabus

<p>To a bill in equity by a receiver of a national bank to recover an assessment' made by the Comptroller of the Currency to the amount of the par value of the shares formerly owned by one of the stockholders, defendant pleaded the statute of limitations. The statute provided that actions upon contracts in writing should be brought within five years, but that actions brought upon contracts not in writing or upon liabilities created by statute should be brought within four years. Held: That a bill to recover the assessment in question was not brought upon a contract in writing, but upon an implied contract not in writing, or upon a liability created by statute, and that the suit was barred.</p>