Lucking v. Delano

Appellants filed a class action on behalf of themselves and all general creditors, de positors and stockholders of First National Bank-Detroit, an insolvent national bank, for the purpose of attacking as invalid a sale, made after insolvency, of a portion of the bank’s assets to the National Bank of Detroit, newly organized for that purpose. The District Court granted appellees’ motion to dismiss the complaint on the ground that appellants are without capacity to bring ■or maintain the action.

At the time of filing the complaint, the insolvent bank was in receivership ; therefore any cause of…