National City Bank v. Guardian Trust Co.

By the Court.

The question presented is whether the Superintendent of Banks can be compelled, by an action for an equitable accounting, to account to a successor trustee for the acts of a trust company which is in his charge for purposes of liquidation.

The office of Superintendent of Banks is of statutory creation and the powers and duties of the incumbent thereof must likewise be statutory or they do not exist. Sullivan v. Kuolt, Commr. of Banking, 156 Wis., 72, 145 N. W., 210.

Section 710-89 et seq., General Code, ^prescribe the procedure for the adjustment of claims of creditors and for the…