Richards v. Smith

MISER, C.

Plaintiffs, respondents herein, are receivers of the Farmers’ & Merchants’ Bank of Cogswell, N. D. They bring *215this action against the superintendent of banks and the examiners in charge of the now insolvent Farmers’ & Merchants’ Bank of Iroquois, S. D., and the now insolvent Bank of Brookings. The words “'Cogswell,” “Iroquois,” and “Brookings” will be used herein to designate these banks.

In the original complaint, respondent, the ancillary receiver, sought to recover the possession of certain promissory notes which he claimed defendants unlawfully detained. After a partial trial of…