All the property of the bank at the time of its suspension becomes fixed as a fund for distribution among the general creditors.1 The receiver, acting for the comptroller, allows the various claims or disallows them, as he deems right. If he allow a claim, the claim stands upon the footing of a judgment.2 All other judgments against the bank for money are upon the same level.3 If he disallow a claim, suit may be brought against the corporation4 or against the receiver.5 If judgment be recovered, the judgment should direct that the claim, if the judgment is for money, be certified to the comptroller, not that it be paid by the receiver.6 But the claim is allowed only for its amount at the date of the failure of the bank, not at the date of the judgment.7 A claim for a special deposit is a provable claim.8 A demand for rent accrued before the suspension is entitled to share in the distribution.9 The creditor is entitled to prove his full claim without regard to any collections made upon collaterals.10 The costs of the plaintiffs in a creditors' bill, where the action has been beneficial to the bank, may be ordered paid by the receiver,11 but not the costs of a reversal obtained by them.12 But the receiver cannot contract to pay part of a recovery as an attorney's fee without authority from the court.13 He cannot exchange, barter or trade the assets of the bank;14 he may compromise doubtful claims of the character allowed by statute by the authority of the court,15 but if the debts are not doubtful the order is invalid and the compromise ineffectual.16 But a compromise will not be disturbed after a long lapse of time.17 Nor can the receiver agree to a rescission of the bank's sale of its own stock, even though the sale were fraudulent.18

21 See Sec. 70, ante.

22 Price v. Abbott, 17 Fed. R 506; Linn Co. Nat. Bank v. Crawford, 69 Fed. R 532; Thompson v. Pool, 70 Fed. R 725. And see Sec. 350, post, upon this matter, as well as upon his right to transfer a suit to the federal court

23 See Sec. 87, ante, and see note 14 to this section.

1 Balch v. Wilson, 25 Minn. 299; National Bank v. Colby, 21 WalL 609.

2 National Bank v. Mechanics' Nat. Bank, 94 U. S. 437.

3 Irons v. Manufacturers' Nat. Bank, 27 Fed. R 591.

4 Nat. Pahquioque Bank v. First Nat Bank, 36 Conn. 325; First Nat

Bank v. Pahquioque Bank, 14 Wall. 383.

5 Turner v. First Nat Bank, 26 Iowa, 562. The creditor is not estopped, by taking a dividend on claim allowed, from suing on the claim disallowed. Chemical Nat, Bank v. World's Columbian Exp., 170 III 82.

6 Merrill v.First Nat Bank, 75 Fed. R 148 (C. C. A.). See Flint Road Cart Co. v. Stephens, 32 Mo. App. 341, for a preferred claim.

7 White v. Knox, 111 U. S. 784. This case fully justifies Lord Bacon's dictum that the courts are sometimes like the bush where-unto the sheep flies for refuge, but is sure to lose a large part of his fleece.