Opinion
Gen. No. 42,804. (Abstract of Decision.)
Opinion filed February 13, 1945 Released for publication March 5, 1945
BANKING, § 158 — right of action on behalf of bank assets vests in receiver. In action by bank creditors and stockholders, who claimed beneficial interest in shares in cemetery company to extent of bank's interest, where it appeared auditor of public accounts of state had previously instituted proceedings wherein receiver had been duly appointed and was still acting in that capacity in such proceeding which was still pending in court, held that Banking Act vested exclusively in receiver cause of action set up in complaint, and plaintiffs had no right to institute and maintain proceedings.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. WALTER J. LABUY, Judge, presiding.
Judgment order affirmed. Heard in the second division, first district, this court at the October term, 1943.
Francis M. Lowes and Rothbart Rosenfield, for appellants;
Ashcraft Ashcraft, for certain appellees;
Harold L. Reeve, Elmer M. Leesman and Charles E. Carnahan, for certain other appellee;
Carroll J. Lord, of counsel.
Not to be published in full. Opinion filed February 13, 1945; released for publication March 5, 1945.