Current through 2023 Legislative Sessions
Section 4.1-83-24 - Maintenance of action - Marshalling of assets1. The agriculture commissioner, as trustee, may in the name of the state upon its own relation but for the benefit of all claimants against the livestock dealer's bond, maintain suits or special proceedings upon the bond and against any person who has converted any of the livestock, for the purpose of marshalling all of the trust assets of the insolvent dealer and distributing the assets among the claimants.2. However, recourse must be had against the bond before recourse is had against a person who knowingly and in good faith converted any of the livestock, unless the agriculture commissioner determines it necessary that all of the remedies be pursued at the same time.Added by S.L. 2013, ch. 72 (HB 1026),§ 5, eff. 7/1/2013.