Morrison Waite

“ It was the duty of the comptroller, if not satisfied of the correctness of the claim when presented, to disallow it, and if an attempt was made to obtain its adjudication, to make such defense as in his judgment was proper. No provision is made by law for the payment of the expenses of the claimant in his litigation beyond the taxable costs, and necessarily that loss must fall on him, as it does on every one who has the misfortune to be driven to the courts for the judicial determination of his rights. ”

“ All creditors are to be treated alike. The claim against the bank, therefore, must necessarily be made the basis of the apportionment. If the comptroller is satisfied with the proof which is furnished to him he can allow the claim, and when the allowance is made the creditor becomes entitled at once to participate in all dividends that may be declared. If the comptroller declines to recognize the claim as valid, it must be established by the adjudication of some competent court before it can share in the distribution of assets. ”