Commercial & Savings Bank v. Erdman

MORIARTY, C.

This appeal is from an order overruling a demurrer to the complaint. The complaint alleges that the plaintiff Commercial & Savings Bank is a state banking corporation; that the plaintiff Hirning is the state superintendent of banks; that on or about January 24, 1924, the plaintiff bank suspended 'business and was' placed in charge of the said superintendent of banks, and is in his charge and control for the purpose .of liquidating and closing its affairs. It further alleges the making by the defendant of two promissory notes payable to the plaintiff bank, setting forth the notes…