Hanson v. Soderberg

Citations

• 105 Wash. 255
• 177 P. 827

Syllabus

<p>Banks and Banking (3)—Stockholder’s Liability—Assessment of Stock—Power of Examinee. Under Rem. Code, § 3327, of the hanking act, which provides that the state bank examiner may if necessary to pay debts, enforce the individual liability of stockholders, the bank examiner has authority to determine the necessity and amount of an assessment upon stockholders of an insolvent bank without resorting to a judicial inquiry.</p> <p>Same. The same would be true of the act of 1917, p. 290, § 35, which gives the state bank examiner power to enforce the stockholder’s liability as soon after taking possession as in his judgment may be necessary and making the failure of the stockholders to make good any impairment of the assets conclusive evidence that the double liability is necessary.</p> <p>Same. Laws of 1917, p. 290, § 35, relating to the authority to enforce the statutory liability of bank stockholders bears upon the remedy only, and is accordingly applicable to an assessment upon a bank in liquidation under the act of 1915.</p> <p>Same (3)—Constitutional Law (42)—Executive Powers—Encroachment on Judiciary—Bank Examiner. Conferring authority upon the state bank examiner to make and enforce an assessment upon the stockholders of an insolvent bank is not objectionable as conferring judicial power upon a ministerial officer.</p>