Fox v. Department of Financial Institutions

This was an action instituted by the appellant against the Union Trust Company of South Bend, Indiana, then in voluntary liquidation, because of its refusal to apply certain deposit credits of appellant to a mortgage indebtedness, which appellant owed to the Trust Company under a mortgage made to it and for which appellant had previously asserted a demand. Subsequent to the filing of the complaint, the Department of Financial Institutions, having taken charge of the affairs of the Union Trust Company, became a party defendant. The complaint was in two paragraphs and the appellees, other than…