Jeffries v. Bacastow

Citations

• 90 Kan. 495
• 135 P. 582
• 1913 Kan. LEXIS 251

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>' 1. Insolvent Bank — Appointment of a Receiver — Not a Judicial Act.. The appointment by the bank commissioner of a receiver for an insolvent state bank, under the banking act of this state, is not a judicial act which must be performed by a court and not by an executive officer.</p> <p>2. - Receiver May Sue Without Authority from, any Court. The power given by statute to a receiver of an insolvent stale bank to wind up the affairs and business of the bank for the benefit of depositors, creditors and stockholders includes the power to bring suit in his own-name and without previous authority of court to enforce the liability of directors of the bank for permitting excessive loans, for permitting overdrafts, and for gross negligence in the discharge of official duties, whereby the bank suffered loss.</p>