Cole v. Kuhlman

OPINION

By RICHARDS, J.

The amended petition contains no averment of any demand being made upon the Superintendent of Banks to bring the action nor any averment that he wrongfully failed or refused to bring the action or was in any manner in default in not commencing such *237an action. After the Superintendent of Banks had taken possession of the bank by reason of its insolvency and was proceeding to administer its assets for the benefit of creditors, the law imposes on him the primary duty to bring such action whenever the facts are such as to justify the same, and in the absence of such default…