Mohrmann v. Fry

Because Lawrence v. American Surety Co., 263 Mich. 586, 606 (88 A. L. R. 535), did not directly involve the specific character of the liability of the State to the receiver, it is not determinative.

Defendant’s claim that this is a suit against the State overlooks the fact that, in effect, it is merely a proceeding in a suit by the State.

The State can act only through its officers. Under 3 Comp. Laws 1929, § 11959, the State took and had full charge of bank receiverships. Only State officers, the banking commissioner and the attorney general, could file the petition for receivership. Stewart…