Legal Opinion · Dissent

Dowling v. Canal Bank & Trust Co.

Supreme Court of Louisiana

Decided November 7, 1949No. 39161Published

1Dissent

[76] Since the corporate affairs of the Canal Bank Trust Company are presently under the control of judicially appointed and confirmed liquidators who have furnished bonds, I agree that the appointment of a receiver, as plaintiff demands, is unnecessary.

[77] Also (but contrary to the holding of the majority), it is inappropriate and there is no need, in my opinion, to order the State Bank Commissioner to prepare and file a final account.

[78] The Bank Liquidation Statute, Act No. 300 of 1910, as amended, does not provide for his performing such a service. The Commissioner is a statutory…

2Cases cited4 opinions

  1. In Re Canal Bank & Trust Co.Supreme Court of Louisiana · 1949
  2. Dreifus v. Colonial Bank & Trust Co.Supreme Court of Louisiana · 1909
  3. In Re Hibernia Bank & Trust Co.Supreme Court of Louisiana · 1943
  4. Katten v. Merchants & Planters BankSupreme Court of Louisiana · 1945

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