Buncombe County v. . Hood, Comr. of Banks
Supreme Court of North Carolina
1Opinion of the CourtCoNNOR, J.
Plaintiffs cannot maintain this action against the resident defendant, Gurney P. Hood, Commissioner of Banks, for the reason that it is not alleged in the complaint that prior to the commencement of tbe action, plaintiffs presented tbeir claim against tbe Central Bank and Trust Company, to said defendant, and that said defendant rejected said claim.
No action or suit to recover on a claim against an insolvent banking corporation, organized under tbe laws of tbis State, can be maintained against tbe Commissioner of Banks, where said Commissioner bas taken into bis possession tbe assets of sucb…
2Cases cited3 opinions
- Black v. Consolidated Railway & Power Co.Supreme Court of North Carolina · 1912
- Simmons v. Zurich General Accident & Liability Insurance Co.Supreme Court of North Carolina · 1929
- Crutchfield v. . HunterSupreme Court of North Carolina · 1905
3Cited by2 opinions
- In Re Central Bank & Trust Co.Supreme Court of North Carolina · 1934
- Hood Ex Rel. North Carolina Bank & Trust Co. v. PittmanSupreme Court of North Carolina · 1936