Joseph McKenna

“ There is certainly no assertion of state action or liability upon the part of the state, and no relief is prayed against it. The charges are all against Lankford. The relief sought is against him because of his willful or negligent disregard of the laws of the state, and it is because of this his surety is charged with liability, it having guaranteed his fidelity.
We think the question, therefore, should be answered in the negative; that is, that the action is not one against the state. ”

“ It will be observed that the basis of the action is the neglect of duty of Lankford as bank commissioner, by which plaintiff has been damaged to the amount of his certificate of deposit. The insurance company has been made a party defendant because it has guaranteed the faithful performance of his duties, a statute of the state, it is contended, making it liable. ”

“ The present case finds example in Hopkins v. Clemson College, 221 U.S. 636, 31 Sup. Ct. 654, 55 L. Ed. 890, 35 L. R. A. (N. S.) 243, where the college was held liable for acts of trespass upon private property, and it was said by Mr. ”