11 S.E.2d 667 | Ga. Ct. App. | 1940
A liquidating agent appointed by the superintendent of banks in connection with the liquidation of an insolvent bank is not a public officer of the State; and one not a party to the instrument or authorized therein to sue may not sue such an agent's surety on the bond given by him, conditioned to faithfully discharge his duties as such agent.
One of the grounds of demurrer was that the plaintiff could not sue on the bond in her own name, for the reason that G. C. Adams was not a public officer, and that the bond was given to protect the superintendent of banks. This is the only question it is necessary to consider. The Code provides: "Suits on bonds taken from public officers may be brought by any person aggrieved by the official misconduct of the officer, in his own name, in any court having jurisdiction thereof, without an order for that purpose." § 89-420. "Any person who claims damages of any principal officer for the act of his deputy, may at his option sue on said deputy's bond instead of on that of the principal, in the same manner as suit may be brought on the principal's bond." § 89-427. "The superintendent of banks, the assistant superintendent, and the examiners shall be liable on their official bonds to any person, firm, or corporation injured on account of the failure of the superintendent, the assistant superintendent, or any examiner, to faithfully discharge the duties of his office. Suit may be brought thereon in any court of competent jurisdiction in the name of the State for *519 the use of the injured party." § 13-321. Section 89-420 applies solely to principal public officers, and does not apply to agents or deputies. Section 89-427 specifically provides for actions on the bonds of deputies and section 13-321 provides for suits by an injured person on the bonds of the superintendent of banks, the assistant superintendent, and the examiners. Unless the suit in this case is authorized by one of these sections, the judgment dismissing the action was proper. It is obvious that the suit is not maintainable under section 13-321, because it does not include the bond of a special agent or liquidating agent.
The only other question is whether a liquidating agent for a particular bank is a deputy of the superintendent of banks. We do not think so. It is not necessary to decide whether the assistant superintendent and examiners are deputies or not, because an action on their bonds, which are payable to the State and not to the superintendent of banks, is specifically authorized by the Code. It might be well to mention here the fact that the oaths required of the assistant superintendent and examiners are the same as that of the superintendent of banks. It was held in Deariso v. Mobley,
Judgment affirmed. Stephens, P. J., and Sutton, J.,concur.