9 Rob. 362 | La. | 1844
The plaintiff represents that, in February, 1842, he"'deposited in the Citizens Bank $26,009 75, belonging to the estate administered by him, and that, on making the deposit, he declared it to be a deposit on interest. That on the 6th of October, he had the account balanced, and again stated that he desired to leave the deposit on interest, which, according to the charter and by-laws of the Bank, is allowed at the rate of five
To this petition, the board of managers set up as an excep
The court, in our opinion, did not err in sustaining this exception. Not only the 8th section of the act of 1842, relative to the liquidation of banks, authorizes a suspension of judicial proceedings against banks which are put in liquidation in pursuance of its provisions; but the fact is not disputed, that such an order was given in the proceedings against the Citizens Bank, and it appears to be still in force. The statutes of 1842, relative to the liquidation of banks, appear to us to evince the intention of the legislature, that all contestations relating to the liabilities of the banks put in liquidation, should be cumulated before the court which pronounced the judgment placing them in liquidation. The present case does not appear to us to present an exception to the general rule. It is true the plaintiff does not ask for a judgment condemning the Bank to pay the amount of the deposit, but only interest on it, from the time it was liquidated, until it shall be withdrawn. But this is a question which concerns all the creditors of the Bank, and should more properly be decided by the court under whose authority the managers are proceeding with the administration. The act of 1842, (sec. 24), assimilates the proceedings in relation to banks in liquidation, except where otherwise provided, to those provided by the laws in force relative to the voluntary surrender of property, and thereby establishes a concurso in a modified form. Acts of 1842, page 246.
Judgment affirmed.