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# A DEMURRER SUSTAINED. Judge Wallace yesterday rendered a decision sustaining the demurrer made in behalf of the defendants in the suit of Augustus Jacobson, the receiver of the insolvent Bank of Chicago, against John Allen, as executor, and others, stockholders of the bank. The act incorporating the bank contained a section providing that "each stockholder shall be liable to double the amount of stock held as owned by him and for three months after giving notice of transfers." The complainant was appointed by the Superior Court of Cook County, Illinois, as "receiver of all the estate, property and equitable interests of said bank." The decision says: "Unless the right of action to recover the statutory liability of stockholders was part of the estate, property or equitable interests of the bank it did not pass to the receiver under his appointment. Not only because of the allegation of the bill, but also from the inherent nature of a receiver's title, the complainant did not acquire the right to enforce the statutory liability if it existed only in favor of creditors of the bank and not in favor of the corporation." The decision concludes: "Neither a receiver, an assignee in bankruptcy, nor assignee under a voluntary general assignment for the benefit of creditors, each of whom represents creditors as well as the insolvent, acquires any right to enforce a collateral obligation given to a creditor or to a body of creditors by a third person for the payment of the debts of the insolvent."