National Bank of Bakersfield v. Williams

This is an appeal by plaintiff from a judgment entered in favor of defendant upon the court sustaining a gen eral demurrer to the former’s amended complaint, without leave to amend.

Briefly stated, the facts so far as pertinent are as follows: At the times in question the business and assets of the Kern Valley Bank, a corporation organized for the purpose of conducting a banking business, were in charge of defendant as superintendent of banks, and in process of liquidation.

In accordance with section 136 of the Banking Act of 1909 (Stats. 1909, p. 115), which provides that “the superintendent of banks shall collect all debts due and claims belonging to it, and upon the order of the superior court may sell or compound all bad or doubtful debts, and on like order may sell all real and personal property of such bank on such terms as the court shall direct,” defendant filed a petition in the superior court praying for an order of court empowering and directing him to sell certain real estate therein described to plaintiff for the sum of thirty-one thousand dollars. After due notice, the petition was heard, at which time the court called for other bids and, none being received, the…