Citation Numbers: 11 R.I. 380
Judges: DURFEE, C.J.
Filed Date: 7/8/1876
Status: Precedential
Modified Date: 1/13/2023
The question raised by the plaintiff's demurrer to the defendant's plea in abatement is whether the receiver of a bank, appointed under the statute, *Page 381
Gen. Stat. R.I. cap. 140, is entitled to sue in his own name upon a debt due to the bank. The practice has been for such receivers to sue in their own names, and this practice, so far as we know, has prevailed ever since the first act authorizing their appointment. Numerous actions have been so brought, many of them in this court, and have proceeded to judgment, some of them after being severely contested. Olney, Receiver, v. Chadsey,
We also think the writ is not abatable for any want of fulness in setting forth the character in which the plaintiff sues.
The demurrer to the defendant's plea in abatement is sustained and the plea overruled.
Demurrer sustained.