Farkas v. Fulton, Supt.

This is not an action for damages against Mariasy, the employee who caused the injury; nor is it a suit seeking to hold Fulton, the Superintendent of Banks, individually liable for the tortious act of his appointee. Whether a personal liability attaches to the superintendent or to his appointee is a question purely academic under this record.

Counsel for the superintendent advance the following legal reasons why the action against the superintendent is not maintainable: (1) That in legal effect the action is one against the state and, being so, the superintendent is not liable in liis official…