White v. Hardy

The plaintiff, as Superintendent of Banks, sued to recover an assessment against stockholders of a bank in liquidation and obtained a judgment against defendant. From that judgment, defendant appealed. Pending appeal,-plaintiff sold and assigned the judgment; and defendant moves to have the assignees substituted as plaintiffs.

It is not disputed that the action is properly brought in the name of the Superintendent of Banks as plaintiff (Banking Law, § 113-a; Civ. Prac. Act, § 210); that, as Superintendent, he was authorized to sell and assign the judgment (Banking Law, § 632; Personal Property…