Commentaries on the Law of Receivers: With Particular Reference to the Application of that Law to Railway Corporations But Including in Detail a Complete Consideration of the Whole Subject

Forside
L. K. Strouse & Company, 1887 - 796 sider
 

Innhold

Right
17
Between Courts of Different States 18 Restriction of the Principle of Comity
18
Extension of the Same Principle
19
Between State and Federal Courts
20
Conflict Between an Assignee in Bankruptcy and a Receiver
21
In Foreclosure Proceedings
22
Instances of the Application of the Principle of Comity between the State and Federal Courts
23
CHAPTER III
25
The Rule as to Officials
30
Eligibility of Solicitors and Legal Advisers 32 Eligibility of the Clerk of a Court
31
Eligibility of Officers and Stockholders of Corporations
33
One Corporation May be Appointed Receiver of Another Corpora tion 35 Eligibility of Trustees
34
Eligibility of a Next Friend
35
Eligibility of a Mortgagee
36
Eligibility of an Administrator
38
Of Eligibility in General
39
The Review of the Order of Appointment on Appeal
40
a The Rule in New York and Minnesota
41
b The Rule in Indiana California Nevada and Ohio
42
c The Rule in Pennsylvania Illinois Kansas and Tennessee
43
d The Rule in Michigan Florida North Carolina and New Jersey 45 e The Federal Supreme Court Rule 46 The Status of the Receiver Pending the App...
44
Instances of the Appointment of Receivers of Rents etc 74 Of Inadequacy of Price as a Ground of the Appointment 75 Of a Corporation Acting as Tr...
45
Whiteside Prendergast 2 Barb Ch 471 138 140 746 751 752
52
Wofferd 73 Ga 259
59
Insolvency as a Ground for Appointing a Receiver
63
Of Property over which Parties are Contesting in Probate Courts
64
Maryland and New York Rules Herein
65
Of a Receiver as Against the Legal Estate or Party in Possession
66
In Ejectment Cases Fraudulent Conveyances
67
Lewis 8 Beav 179 716
77
602 Of the Effect of the Removal of the Trustees Beyond the Jurisdic tion of the Court
84
Decisions Under Section 713 of the New York Continued
85
CHAPTER V
87
156 Proceedings Before the Master or Referee 157 Proceedings Under the Former Chancery Practice of New York VI Of the Order of Appointment ...
88
When the Order Takes Effect 169 Vacating the Order 170 The Order is Conclusive in All Collateral Proceedings 171 The Order does not of Itself Aff...
89
Augusta Ice Co v Gray 60 Ga 344
105
Parties to the BillContinued
118
Rulings as to Parties in Special Cases
119
The Party in Possession Should be a Party to the Suit
120
The Motion for a Receiver May be Renewed After Denial
121
Applications in Different Actions
122
The Application Must Clearly Show the Ground Relied Upon
123
Allegations of Mere Belief in the Facts are Not Sufficient
124
The Maryland Rule as to the Application
125
The Practice in Other States
126
Where the Bill Prays for a Receiver without Notice Insolvency
127
Bill Against a Mortgagee
128
Decisions under Statutes of North Carolina and Georgia
129
Of the Prayer in the Bill
130
Defects in the Bill are Not Fatal to the Application
131
The Same Subject Continued
132
Defects in the Bill How Reached
133
Of the Motion and Notice Thereof
134
The Form and Service of the Notice
135
Notice Under the New York Code
136
Notice Under Special Statutes in West Virginia and Michigan
137
Services of Process Deemed Not Necessary Before Application
138
Notice Not Necessary in Certain Cases
139
Of the Circumstances Generally Under which Notice Will be Dis pensed With
140
General Statements on this Subject by the Courts
141
Notice is Not Required When It Cannot be Given
142
Notice to a Nonresident Defendant is Not Necessary
143
Decisions on this Subject in New York and Iowa
144
Notice as Between Landlord and Tenant
145
Instances of Facts Deemed Insufficient to Justify Ex parte Pro ceedings
146
The Effect of Want of Notice in the Appellate Court
147
Of the Affidavits Generally
148
The Affidavits Should be Clear and Positive
149
Affidavits on Appeal
150
Of the Answer and Defense
151
A Complete Denial of The Equities in the Bill is Generally Con clusive
152
In Applications before Answer Defendant May be Heard upon Affi davits
153
Of Rehearing an Application for a Receiver V
154
The Receiver Must Generally Give a Bond
172
When a Bond Need Not be Given
173
The Receivers Own Recognizance
174
The Bond Upon an Extension of the Receivership
175
Number of Sureties Assignment of Securities
176
Who May be Sureties
177
Bond Made Payable to an Officer of the Court
178
The Bond Must be Approved by the Court Consent
179
When the Security Becomes Insufficient Vacating the Bond as to One Surety
180
Effect of Failure to Give Bond and of Imperfections in the Bond
181
The Same Subject Continued
182
The Nature of the Sureties Liability
183
Effect of the Discontinuance of the Suit Death of a Surety
184
Sureties Liable upon a General Clause in the Condition of a Bond
185
Liability Absolute Proof Required to Enforce the Bond
186
Requisite Proof Continued
187
Surety Liable for Interest Costs
188
Vacating a Recognizance Payment to a Solicitor
189
Reimbursement of the Surety How far he is Considered an Officer of the Court
190
As to Real Property
194
What Property Passes Under an Assignment
195
As to Trust Property Choses in Action and Equitable Interests
196
The Rule in Supplementary Proceedings
197
CHAPTER VII
198
The English Rule Herein
199
At what Time the Receivers Title Vests and His Right of Posses sion Accrues
200
The Saine Subject Continued
201
OF THE RECEIVERS TITLE AND POSSESSION I
202
The Same Subject Continued
203
b Property Exempt from Levy of Execution
204
c The Proceeds of Insurance Policies upon Such Property and Claims for Damage Thereto
205
d Trust Funds Pensions
206
Effect of Levy Under an Execution
207
Setoff
208
The Title of the Receiver Pendente Lite
209
Pending Action to Dissolve a Partnership or for Divorce
210
The Title of a Purchaser as Against the Receiver
211
The Title of an Assignee as Against the Receiver
212
The Rights of an Adverse Claimant as Against the Receiver
213
The Same Subject Continued
214
The Receivers Remedy by Injunction
215
The Rule as to Property in the Possession of Third Persons under Claim of Title
216
Miscellaneous Limitations upon the Title of the Receiver
217
The Effect of the Death of the Judgment Debtor Pending Proceed ings Supplementary to Execution
218
The Statute of Limitations
219
The Same Subject Continued
220
Of the Receivers Possession in General
221
The Receivers Possession is Not Technically Adverse to that of Either Party
222
How Far the Possession of the Receiver is that of the Party who Ultimately Recovers
223
Interference with the Receivers Possession a By a Third Party
224
A Further Application of this Principle
225
b By Another Court
226
The Rule where the Appointment is Irregular or Erroneous
227
The Receiver is Not Subject to Garnishment
228
The Rule Herein in Colorado Maryland and Elsewhere
229
The Court will Aid its Receiver in Obtaining Possession of Prop erty Subject to the Receivership
230
Certain Limitations Upon the Foregoing Rule
231
Conflict of Receiverships
232
The Rule Herein in New York
233
The Effect of Taking the Property Out of the Jurisdiction
234
The Effect of Appeals and of Proceedings to which the Receiver is Not a Party
235
The Effect of a Decree Discharging the Receiver
236
Sears 4 Lea 298
252
The Receivers Right to Apply to the Court for Instructions
259
He is at All Times Subject to the Control of the Court
260
Of the Power to Employ Counsel
261
As to the Employment of the Counsel of Either Party to the Suit
262
A Qualification of the Rule Herein
263
In Supplementary Proceedings a Receiver Need Not Employ the Attorneys who Obtained the Judgment
264
The Power to Appoint Deputies and Employ Assistants
265
Of the Receivers Right to the Protection of the Court
266
The Same Subject Continued Strikes
267
The Power to Compromise Disputed Claims Against the Fund
268
An Advantageous Settlement of a Claim Although Made without Express Authority will be Approved
269
A Receiver Cannot Ordinarily Purchase or Bid at a Sale of the Estate
270
The Same Subject Continued Exception
271
A Receiver Should Not be Interested in any Claim Against the Es tate
272
The Receivers Rights as to Paying Out Money
273
Reilly 31 How Pr 472 587
290
A Receiver is Strictly Amenable to the Court which Appoints
293
Of the Receivers Duty as to Taking Possession of Property
294
Of the Duties and Liabilities Arising from Taking Possession
295
The Receiver Should be Entirely Impartial
296
The Receiver Should Keep Control of the Trust Fund
297
Of the Receivers Duty to Preserve the Property in His Possession
298
Of the Power to Contract for Labor and Supplies Duties of a Sec ond Receiver as to Such Contracts Made by the First
299
Of the Duty to Collect Unpaid Stock Subscriptions
300
Of the Duty and Liability as to Liens
301
Of the Duty and Liability as to Allowing and Paying Claims Mis take
302
A Plaintiff is Not Liable for Losses Caused by the Receiver
303
A Receiver is Not Liable for Acts Done Under an Order of Court
304
Of the Liability for Using or Converting Property of the Estate
305
Of the Liability of a Receiver for the Misconduct of His CoReceiver
306
Not Liable for Speculative Profits
307
Of the Liability of the Receiver for Money Collected by a Bank
308
The Same Subject Continued
309
Of the Receivers Liability for Funds Deposited in a Bank
310
The Same Subject Continued
311
Of the Receivers Liability for Interest
312
Of the Receivers Liability for Costs and Expenses
313
The Same Subject Continued Reimbursement for Taxes Paid
314
Personal Liability After Order of Restitution of Costs in New York
315
Of the Receivers Liability for Rents
316
Gf the Receivers Liability Upon Covenants and Contracts
317
Of the Liability for Loss Caused Solely by the Default of Another
318
Of the Liability to Pay for Labor and Materials Furnished
319
Of the Liability for Endangered Wall Under the New York Statute
320
e For the Completion of the Road
321
A Qualification of this Rule
323
The Priority of the Lien Created by the Certificates
324
The Right to Create Such a Priority Challenged
325
In Foreclosure Cases 419 As Incidental to a Creditors Bill Sequestration 420 In a Creditors Action in New York 421 Of Religious Corporations 422 O...
335
Of the Receivers Title 191 In General of the Receivers Title 192 Distinction Between Realty and Personalty in Respect of Title
336
Blees Manufacturing Co 27 N J Eq 412
354
Glenville Woolen Company Ripley 43 N Y 206 211 363 403
363
Of Claims for Damages to Property or Injuries to Persons
371
Of Rentals of Leased Lines CarTrust Leases Rolling Stock
372
Liens Given by Statute will be Protected Equitable Liens
373
Of the Liens of Judgment Creditors
374
Cases in Which Priority Has been Refused
375
Preferred Claims are to be Paid Primarily Out of the Earnings
376
If the Income be Insufficient the Court May Order Claims to be Paid Out of the Corpus
377
Of Diversion of Income as Affecting Priority
378
Damerel 88 N Y 410 610
387
The Same Subject Continued
394
Statutory Provisions in Reference to the Lien of Receivers Certifl cates
395
The Negotiability of Receivers Certificates
396
The Invalidity of Certificates Issued Irregularly or without Con sideration
397
The Same Subject Continued 399 Who May Question the Validity of Receivers Certificates When the Question May be Raised 400 The Same Subject...
400
The Payment or Redemption of the Certificates
401
Summary
402
Receivers Not Always Appointed when an Injunction is Granted
411
Further of the Dissolution of the Corporation
412
Parties to the Suit for the Appointment of a Receiver
413
The Same Subject Continued
414
Under what Circumstances a Receiver will be Appointed
415
The Same Subject Continued
416
Kent 58 Ind 584 89 96
423
Laches or Acquiescence as a Ground for the Refusal
425
Of Security in Lieu of a Receiver
426
Jurisdiction Over the Assets and Officers of a Foreign Corporation
427
Who May be Appointed Eligibility Procedure
428
The Same Subjects Continued
429
Miscellaneous Incidents
430
Receivers of Corporations are Officers of the Court Not of the Company
431
Two General Classes
432
Receivers of Corporations are Trustees for the Corporation the Stockholders and the Creditors
433
Their Powers in General
434
The Same Subject Continued
435
As to the Prior Contracts of the Corporation
436
Of the Receivers Power to Compromise Claims
437
Of the Receivers Power as to Actions Pending Against the Com pany
438
Of the Receivers Power to Institute Actions and Proceedings
439
The Same Subject Continued
440
Of the Receivers Power to Attack Fraudulent Transfers
441
The Same Subject Continued
442
Of the Receivers Power in Reference to Illegal Preferences
443
Of the Receivers Power to Collect Unpaid Subscriptions
444
Of Preferences
445
The Same Subject Continued
446
Of the Power to Subject the Property of the Shareholders
447
Of the Power to Enforce the Statutory Liability of the Shareholders
448
The Same Subject Continued
449
Of the Rights of an Attaching Creditor
450
Of Actions Upon Premium Notes
451
The New York Rule Herein
452
Defenses in These Actions
453
The Same Subject Continued Estoppel
454
In General of the Receivers Title
455
Of Title to Special Deposits
456
Of the Right of Setoff
457
The Same Subject Continued
458
Of Subsequent Acts of the Corporation as Affecting the Title
459
Of Estoppel by Judgment
460
Of the Title to Real Property
461
Special Practice in New York and Indiana
462
Of the Liability Incident to the Receivership
463
Of the Aid of the Court in the Administration of the Receivership
464
The Same Subject Continued
465
Of Instruction and Direction by the Court
466
Of Distribution
467
Of the Application of the Fund
468
Daniels 54 Iowa 19
469
The Appointment
471
The Effect of the Appointment
472
Of the Administration of the Receivership
473
Of the Title to the Property of the Bank
474
Of Sales by the Receiver
475
Of Contracts by the Receiver
476
Of Suits by the Receiver
477
Miscellaneous Incidents Pleading and Practice
478
The Same Subjects Continued
479
480 The General Rule in Actions at
480
The Exceptions to This Rule
481
Of Relief Upon Purely Equitable Grounds
482
Of Relief Upon the Ground of Undue Influence or Fraud
483
Of Relief to Prevent Litigation and in Cases of Insolvency
484
Of Relief in Aid of Dower
485
Of Relief in Cases of Trusts and Wills
486
Of Relief in Aid of Annuitants
487
Of the Appointment as Against a Life Tenant
488
Of the Appointment as Between Tenants in Common
489
Of Receivers of Mines
490
The Extent of the Receivership in These Cases
491
Of Receivers in Partition Suits
492
Of Receivers in Aid of a Mechanics Lien
493
Of Receivers in Actions of Ejectment
494
Of Receivers After Recovery of a Judgment in Ejectment
495
Of Receivers as Between Lessor and Lessee
496
The Right of an Assignee of the Lease to a Receiver
497
Of Receivers as Between an Heir and a Devisee
498
Of Receivers as Between Husband and Wife
499
Of Receivers in Favor of the State
500
Of Receivers of Crops and Chattels Real
501
Of Receivers in Aid of Bankruptcy Proceedings
502
Of Receivers as Between Vendor and Vendee
503
Of Receivers in Aid of the Vendee
504
Of Receivers in Cases of Sales of Mines
505
Of the Effect of the Appointment Upon the Title
506
Of the Practice
507
Of the Order of Appointment
508
Of the Time when the Appointment Takes Effect
509
Darling 1 Barb Ch 76 553
510
Rippon 8 L J N S Ch 139 477 557
511
When a Receiver will be Appointed Before the Debt is
527
The Appointment of a Receiver of the Rents and Profits
528
The Rule Herein in New York
529
Miscellaneous Defenses in These Cases Bankruptcy Proceedings
530
Of the Right of the Receiver to Accrued Rents Unpaid
531
Of a Receiver of Growing Crops
532
Of the Practice in Certain Cases
533
Objections to the Appointment of a Receiver in These Cases
534
The Same Subject Continued
535
In the Case of Mortgages of Corporate Property
536
The Same Subject Continued
537
In the Case of Chattel Mortgages
538
In the Case of Equitable Mortgages
539
In the Case of Mortgages of Leaseholds
540
Effect of Agreements Between Mortgagor and Mortgagee
541
When Receivers will be Appointed as Against a Mortgagee
542
The Mortgagee as the Receiver
543
When a Receiver will be Appointed After the Decree
544
The Same Subject Continued
545
Of the Discharge of the Receiver Upon Redemption
546
Of a Receiver for a Junior Mortgagee the First Mortgagee not Be ing in Possession
547
The Same Subject Continued
548
Of Receivers in Foreclosures by Junior Mortgagees
549
The Rule Where the First Mortgagee is in Possession
550
The Rule in New Jersey
551
Of Receivers in Aid of Subsequent Equitable Incumbrancers
552
Extension of the Rule
553
Of the Right to Rents and Profits
554
The Same Subject Continued
555
The Rule in Virginia Conflicting Interests
556
Of the Powers of the Receiver Herein
560
Of the Control of the Receiver by the Court
561
Receivers in Proceedings Supplementary to Execution 626 Introductory
563
The New York Statute Authorizing the Appointment 628 When the Appointment will be Made
564
When a Receiver will Not be Appointed
566
Of the Return of the Execution
567
Lee 16 Abb Pr 215
568
Gregory 33 N Y Super Ct 1 s c 1 Sweeny 613
569
Lafayette Muncie Bloomington R R Co 9 Biss 90 303
577
Bartol 7 Cal 551 230
583
City Bank of Buffalo 9 Paige 12 397
585
Receivers in Cases of Express Trusts
589
The Same Subject Continued
590
Receivers in Cases of Trusts Created by Will
591
Receivers in Cases of Trusts Created by the Legislature
592
Receivers Pendente lite
593
Receivers lending Litigation Over Probate
594
Receivers in Actions to Set Aside Sales
595
Receivers as Against Executors and Administrators
596
What will Constitute Ground for the Relief
597
Receivers in Behalf of Infants as Against Adverse Holders
598
Receivers in Cases of Lunacy
599
Of the Poverty or Insolvency of the Trustee as a Ground
600
Duncan 19 Fed Rep 477 601 647 653
601
Rank Duncan 52 Miss 740 140
608
Actions for the Conversion of Property by a Judgment Debtor Garnishment of Plaintiff 674 Of Actions for Rent and for Purchase Money
612
Of Suits for Unpaid Subscriptions 676 Rights of Action under Certain Statutes
613
Parties to Suits by Receivers 678 A Judgment Obtained by a Receiver May be a Bar to Another Action
614
Liability for Costs
615
B In What Courts He May Sue 680 Generally a Receiver Has No Extraterritorial Right in Bringing Suits
616
Application of the Rule
617
Exception in Favor of Comity
618
Application of the Exception
619
In Proceedings in Bankruptcy 685 The Receiver May Sue in Foreign Courts in Another Capacity
620
The Jurisdiction as Affected by the Acts of Others
621
The Jurisdiction of the Appointing Court will not be Presumed
622
In What Name He May Sue 688 The Prevalent Rule
623
The Contrary and Preferable Rule
624
Of Suits to be Brought in His Own Name
626
Where the Right is Given by Statute
628
Substitution of the Receiver as Plaintiff
629
The Receivers Pleadings and Proofs 693 His Authority to Sue Should be Alleged
630
Of the Jurisdiction to Make the Appointment
631
Of Notice of the Application
632
Of Irregularity or Fraud in the Appointment
633
Of Waiver of Irregularity
634
Who May be Receiver
635
Of the Receivers Bond
636
Of Notice to Other Creditors
637
In General only One Receiver can be Appointed
638
Of the Title of the Receiver Herein
639
Of the Time when the Title Vests
640
Further of the Receivers Title
641
Of the Title to Trust Property Choses in Actions
642
Of the Nature of the Receivers Office
643
Fagan Osgood v Boyle Ice Machine Co 65 Tex 324 241
649
AReceiver Cannot be Held to the Specific Performance of a Contract
657
Of Actions for Taking Real Property without Compensation Rent of Leased Lines
658
CHAPTER XIX
659
Farmers Loan Trust Co v Central Railroad of Iowa 17 Fed
662
INJUNCTIONS 736 Injunctions and Receiverships Similarity and Difference of These Remedies 737 They are Distinct Remedies 738 Injunctions in ...
670
CHAPTER XXI
679
Davis Uphill 1 Swanst 129 49
680
Guardian Savings Institution v Bowling Green Savings Bank
684
Instances of Defenses not Allowed
700
The Appointment Cannot be Attacked in a Collateral Action
701
Of Setoff Generally
702
Carroll 56 Ala 12 716
716
The Rule where the Appointment is Vacated or was Irregular
719
Of Appeals From the Settlement of the Receivers Compensation
721
CHAPTER XXIII
723
Farmers Mechanics Bank v Jenks 7 Metc 592 385 392 365 640
726
d Laches
730
Barney 5 Hun 257 731
731
Favorite Deardoff 84 Ind 555 470
746
e When the Object of the Receivership is Attained
750
Of the Effect of the Termination of the Litigation
751
Of Discharge Because of a Change in the Status Quo 801 Of the Effect of the Discharge upon Accrued Liabilities
752
Of the Reference to a Master
781
Of the Receivers Control of Rents
785
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Side 263 - States sitting in equity in the judicial district in which the common carrier complained of has its principal office, or in which the violation or disobedience of such order or requirement shall happen, alleging such violation or disobedience, as the case may be; and the said court shall have power to hear and determine the matter on such short notice...
Side 35 - That no person related to any justice or judge of any court of the United States by affinity or consanguinity, within the degree of first cousin, shall hereafter be appointed by such court or judge to or employed by such court or judge in any office or duty in any court of which such justice or judge may be a member.
Side 343 - ... to appear and show cause why the prayer of the petition should not be granted...
Side 249 - ... pending in any court of the United States there shall be a receiver or manager in possession of any property such receiver or manager shall manage and operate such property according to the requirements of the valid laws of the state in which such property shall be situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof.
Side 264 - States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed...
Side 263 - ... corporation or company defendant in such suit to attend, appear, and testify in such case, and may compel the production of the books and papers of such corporation or company party to any such suit ; the claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying...
Side 248 - Every executor and administrator must proceed with diligence to pay the debts of the deceased according to the following order: 1. Debts entitled to a preference under the laws of the United States.
Side 697 - The receiver shall be entitled to retain out of any money received by him, for his remuneration, and in satisfaction of all costs, charges, and expenses incurred by him as receiver, a commission at such rate, not exceeding five per centum on the gross amount of all money received, as is specified in his appointment...
Side 472 - ... to the appointment of a receiver of the rents and profits of the...
Side 13 - If legal remedies are sometimes modified to suit the changes in the laws of the states and the practice of their courts, it is not so with equitable. The equity jurisdiction conferred on the Federal courts is the same that the High Court of Chancery in England possesses ; is subject to neither limitation nor restraint by state legislation, and is uniform throughout the different states of the Union.

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