Banking Commission v. Muzik

The following opinion was filed November 6, 1934:

Fowler, J.

The action is by the Banking Commission of the State to recover from the executrix of a deceased stockholder of a state bank in liquidation by the commission the amount of the superadded stockholders’ liability. The plaintiff demurred to the answer on the ground of insufficiency of facts stated to constitute a defense. The demurrer was sustained and the defendant appeals.

The alleged defense is that the former commissioner of banking, of whom the plaintiff is the successor, took charge of the bank on July 18, 1932; that the…