Brock v. Black, Rogers & Co.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] This is an action by the State Bank Commissioner, in charge of the Hibernia Bank Trust Company, in Liquidation, against Black, Rogers Company, Ltd., for rent which became due by it after the bank was closed and taken over by the State Bank Commissioner for liquidation.

The defendant filed exceptions of no right and no cause of action on the grounds that the petition failed to allege that the bank was insolvent at the time the rent matured, and as the petition…