7 Ga. 79 | Ga. | 1849
By the Court.-*
delivering the opinion.
It may perhaps be doubted whether, if after the assignment and before the forfeiture of the charter, demand had been made upon the bank, the plaintiff would bo entitled to the damages. It might be said, that in such a state of facts, the contingency, to wit: the
But there is a still farther view of this subject. Mr. Carey is not only the assignee of the bank, but the forfeiture of its charter by order of the Legislature, and the affirmation, by law, of the assignment, made him the agent of the people, to take the assets of the bank which devolved upon them, and apply them to the payment of the debts of the incorporation. As agent of the State, or the people, he was not liable to this demand and forfeiture ; and the plaintiff acquired no rights of any kind, by making the demand upon him. The law of 1843 puts him upon the footing of a receiver, authorised to receive, on the part of the people, the assets and to apply them. As agent of the State, he could neither do, nor fail to do, any act which could increase the original liabilities of the Bank of Columbus.
Upon this assignment let the judgment of the Court below be reversed.