Where, as in the instant case, a banking corporation, organized and doing business under the laws of this State, and for that reason subject to the jiudsdiction of the Commissioner of Banks, has transferred, assigned and conveyed all its assets to another banking corporation, also organized and doing business under the laws of this State, in consideration of the agreement of the latter corporation to pay and fully discharge the claims of all the depositors and other creditors of the former corporation, and the Commissioner of Banks had consented to such transfer, assignment and conveyance (C. S., 217(k), Corp. Com. v. Stockholders, 199 N. C., 586, 153 S. E., 445), but thereafter, before the latter corporation has fully performed its agreement with the former corporation, files notice that he has taken into his possession the former corporation, under the provisions of 0. S., 218(b), for purposes of liquidation, the said former corporation, its depositors, and stockholders may restrain the Commissioner of Banks *546from taking into bis possession tbe assets of tbe former corporation, wbicb are then in tbe possession of tbe latter corporation, upon showing tbat said assets are sufficient in value for tbe payment in full of tbe claims of all its depositors and other creditors. Pending tbe trial of tbe issue involving tbe value of said assets, tbe Commissioner of Banks may also be restrained from levying and collecting assessments on tbe stockholders of tbe former corporation, because of their statutory liability.
Tbe jurisdiction of tbe Superior courts of this State, in a proper case, to restrain tbe Commissioner of Banks, is not affected by tbe provisions of C. S., 218, providing for tbe liquidation of insolvent banking corporations organized and doing business under tbe laws of this State. The Commissioner of Banks is an administrative officer of tbe State, and in tbe performance of bis duties as prescribed by statute, is subject to tbe jurisdiction of tbe Superior Courts, in tbe exercise of their equitable jurisdiction. There is no error in tbe judgment in tbe instant case. It is
Affirmed.
Stacy, C. I., dissents.