Rand v. Merrimack River Savings Bank

The power of the superior court to grant the plaintiff’s petition depends in part upon whether the bank commissioner in wind ing up the affairs of an insolvent bank under the provisions of P. L., c. 268, is an officer of that court or an administrative official whose acts are exempt from judicial control except in enumerated instances. If his position is essentially that of a receiver, he is subject to the orders of a court of equity (Rockwell v. Dow, 85 N. H. 58, 68; Eastman v. Bank, 58 N. H. 421), and the superior court in the exercise of its chancery powers may authorize him to borrow…