A Practical Treatise on the Law of Receivers: With Extended Consideration of Receivers of Corporations

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Baker, Voorhis, 1897 - 950 páginas
 

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Friendly Receivers
49
Further of Friendly Receivers Officers and Stockholders of Cor porations
53
Party to the Suit is Ineligible
55
Eligibility of Relatives of the Parties to the Action and to Federal Judge
56
Eligibility of Officers Acting under the United States 38 The Rule as to Officials 39 Eligibility of Solicitors and Legal Advisers
57
Eligibility of the Clerk of a Court 41 Eligibility of Officers and Stockholders of Corporations
58
A Corporation May be Appointed Receiver 48 Eligibility of Trustees
60
Eligibility of a Next Friend 45 Eligibility of a Mortgagee
61
Eligibility of an Administrator
62
Of Eligibility in General
63
CHAPTER V
64
The New York Rule Herein 72 Other New York Cases to the Same Point 73 Of a Receiver of the Rents and Profits of Real Estate 74 Instances of the ...
65
Necessity of a Pending Suit
73
At What Time a Receiver may be Appointed
76
Application by Defendant
77
Of a Receiver Over an Executor Estates of Decedents
93
Further of Estate of Decedents Instances of Such Appointments
94
Of a Receiver as Against a Tenant in Common Partition
95
Of a Receiver as Against a Mortgagee in Possession 82 Further as to Receivers as Against Mortgagees in Possession 83 Of the Rights of Other Creditors
97
Of a Receiver of Mortgaged Property
98
Where there is Already a Receiver Extension 86 Of a Receiver for the Property of Corporations 87 Of a Receiver in Case of Disagreement Among C...
100
Of a Receiver in Case of Misconduct of Directors Insolvency etc 89 Miscellaneous Decisions Concerning Receivers of Corporations
101
Of Receivers of the Property of Unincorporated Societies
102
Of a Receiver of Partnership Property Partnership not Dissolved 92 In Case of Disagreement as to the Management of Partnership Property 93 In Cas...
103
When the Partnership is Dissolved or Dissolution is Disputed
104
Decisions Under Section 713 of the New York Code
107
Decisions Under Section 713 of the New York Code Continued
108
Assignments Appointment of Receiver as Against Assignee 106 General Creditors 107 Miscellaneous Cases
109
Further of Miscellaneous Cases
110
CHAPTER VI
121
The Rule in Indiana California Nevada and Ohio
123
The Rule in Pennsylvania Illinois Kansas and Tennessee 114 The Rule in Michigan Florida North Carolina New Jersey and leva
124
The Federal Supreme Court Rule
125
Status of the Receivership Pending Appeal 117 Further and Generally as to Status of the Proceeding Pending Appeal Effect of Appeal
126
What will be Reviewed on Appeal When Reversed 119 Effect of Reversal of Order or Decree Appointing Receiver
131
CHAPTER VII
134
Of the Reference to a Master Sec 168 Reference is Not Now Generally Made 169 Proceedings Before the Master or Referee 170 Proceedings Under t...
135
Stipulations as to the Terms of the Order 175 Provisions Relating to Prior Encumbrances 176 Miscellaneous Requirements 177 An Order Construed t...
136
The Emergency Necessitating Relief Before Answer Must be Shown 126 Allegations Held to be Insufficient Affidavits in Defense
139
While the Case Stands on Demurrer or Plea 128 While Appeal is Pending 129 A fter Finnl Decree 130 Effect of Delay in Making the Application Fr...
140
The Affidavits Should be Clear and Positive
165
The Appointment of Two or More Receivers with Distinct Authority is Not Advisable
174
When the Order Takes Effect Relates Back 182 Vacating the Order
175
The Order Doesnot of Itself Affect the Jurisdiction of Other Courts 184 Miscellaneous Matters Pertaining to the Order Its Sufficiency and Constructi...
176
Collateral Attack of the Order
177
CHAPTER VIII
179
Sureties Liable Upon a General Clause in the Condition of a Bond 200 Breach of Bond Liability Absolute Proof Required to Enforce the Bond
188
Requisite Proof Continued
189
CHAPTER IX
192
Of the Receivers PossessionContempt Sec 235 Of the Receivers Possession in General 236 Receivers Possession is not Technically Adverse to That of ...
193
How Far the Possession of the Receiver is That of the Party who Ulti mately Recovers
227
Generally of Interference with Receivers Possession By Individuals and Other Courts
228
Interference with the Receivers Possessiou by a Third Party 240 Interference by Another Court
231
Interference Where the Appointment is Irregular or Erroneous
232
Garnishment Receivers not Subject to Exception 243 The Rule Herein in Colorado Maryland and Elsewhere
234
The Court will Aid its Receiver in Obtaining Possession of Property Sub ject to the Receivership
235
Certain Limitations Upon the Foregoing Rule
236
Interference Resulting from Conflict of Receiverships 247 Effect of Taking the Property Out of the Jurisdiction 248 Effect of Appeals and of Procee...
239
Effect of a Decree Discharging the Receiver III Of Interference with the Receiver Contempt of Court 250 Interference with a Receiver is Contempt o...
240
What Will Amount to an Interference
242
Contempt on the Part of the Defendant
243
What Will Not Amount to a Contempt on the Part of the Defendant
244
The Rule Herein Where the Property is Without the Jurisdiction 255 Only the Court Wherein the Receiver is Appointed Can Entertain a Proceeding f...
245
The Rule Where the Appointment is Irregular or Erroneous
247
Contempt on the Part of the Receiver Conflict of Receiverships
249
CHAPTER X
250
How Far the Receivers Personal Rights are Affected by the Appoint ment Arrest
257
Statutory Receivers Their Rights and Powers
258
The Receiver Holds the Property for the Benefit of All Parties Until After the Decree
259
The Receivers Rights to Claim Property in Another State 268 The Powers and Rights of Receivers in Other States and Jurisdictions Effect of Appoint...
261
Right to Exercise His Own Discretion
270
The Application of the Funds and Making of Contracts Not Matters of Discretion 271 Of the Receivers Rights to Originate Proceedings
271
The Receivers Right to Apply to the Court for Instruction
272
He is at All Times Subject to the Control of the Court
273
Of the Power to Employ Counsel Compensation and Selection
274
The Power to Appoint Deputies and Employ Assistants
275
Of the Receivers Right to the Protection of the Court
278
The Same Subject Continued Strikes 278 The Power to Compromise Disputed Claims Against the Fund
280
An Ad vautageous Settlement of a Claim Although Made Without Ex press Authority Will be Approved
281
A Receiver Can Not Ordinarily Purchase or Bid at a Sale of the Estate 281 The Same Subject Continued Exception 282 A Receiver Should Not be In...
283
The Receivers Rights as to Receiving Money Not
286
His Authority to Compel Disclosure of the Affairs of a Corporation 286 His Right to Bring Ejectment
287
The Receivers Right to Rents 288 The Powers of Receivers in Leasing the Property
288
The Rule in New York Concerning Leases by Receivers 290 The Right to Distrain for Rent Attornment
289
The Right to Make Repairs Upon the Property in His Hands
291
Money Deposited by Receivers in Bank Control of by Bank
292
A Receiver May be Empowered to Conduct a Business when Necessary His Powers
293
The Right to Resort to Hypothecated Property for Expenses etc 295 Right of Receiver to Appeal Bond
295
Statute of Limitations Of the Effect of the Receivers Act Upon the Statute
296
Rights of a Receiver in Place of an Assignee Fraudulent Conveyances
297
Rights of Receivers to Attack Judgments Confessed and Conveyances Fraudulently Made by Debtor
298
Of Officers Having the Powers of Receivers Although Not Appointed as Such 300 Of the Termination of a Receivers Functions by Abatement or Sup...
300
CHAPTER XI
302
His Duty in the Absence of a Specific Order Irregular or Insufficient Orders
305
A Receiver is Strictly Amenable to the Court which Appoints
306
Particularly of the Receivers Personal Liability 306 Of the Receivers Duty in Taking Possession of Property
309
Of The Duties and Liabilities Arising from Taking Possession
310
The Receiver Should be Entirely Impartial
311
Keeping and Paying Out the Funds Depositing Loaning and Invest ing Rightsand Liability Generally of the Degree of Care Required of Receivers
312
Of the Receivers Duty to Preserve the Property in His Possession 311 Of the Power to Contract for Labor and Supplies Duties and Liability of a Seco...
316
Of the Duty to Collect Unpaid Stock Subscriptions 313 Of the Duty and Liability as to Liens
318
Of the Duty and Liability as to Allowing and Paying Claims Mistake 315 A Plaintiff is Not Liable for Losses Caused by the Receiver 316 A Receiver ...
319
Of the Liability for Using or Converting Property of the Estate 318 Of the Liability of a Receiver for the Misconduct of His CoReceiver 319 Not Liab...
321
The Same Subject Continued
322
Of the Receivers Liability for Funds Deposited in a Bank
323
Of the Receivers Liability for Interest
325
Of the Receivers Liability for Costs of Litigation 325 Personal Liability After Order of Restitution of Costs in New York
327
Of the Receivers Liability for Rents 327 The Effect of Appointment of Receiver on Lease of Defendant Liabil ity of Receiver under Lease 328 Of th...
328
Of the Receivers Liability Upon His Own Covenant and Contracts
329
Of the Liability for Loss Caused Solely by the Default of Another 331 Of the Liability to Pay for Labor and Materials Furnished
333
Of the Liability for Endangered Wall Under the New York Statute 333 Of the Disposition of Assets Under the New York Statute 334 Of the Duties of...
334
Of the Liability of Persons Improperly Acting as Receivers
335
CHAPTER XII
336
English Rulings as to the Appointment of Receivers in Railway Cases
337
Of Claims for Damages to Property or Injuries to Persons
338
Under What Circumstances Appointment Will be Made Caution Notice
340
Of the Selection of the ReceiverEligibility 339 The Power to Manage and Operate RailwaysThe English Rule Operation to be Speedily Ended
343
Of the Duties of the Receiver in Foreclosure Proceedings Subrogation
359
When the Mortgage Provides for Receiver
365
III
370
Of the Receivers Right to the Protection of the Court in the Operation
381
Of the Receivers Power to Sell Securities Pledged to Him as Indemnity
388
Liability of Railroad Company for Acts of Receiver
397
Of the Debts Incurred by the Receiver in Olerating the Road
405
The Time Within Which Preferential Debts Must Have Accrued
413
Suits Against Receivers
416
CHAPTER XIII
423
CHAPTER XIV
450
Defences in Actions Against Stockholders 464 Further of Defences in Actions Against Stockholders Estoppel
451
Under What Circumstances the Appointment Will be Made The Reluctance to Appoint Care and Caution On Petition of Minority
459
Insolvency of Corporation as Cause for Receiver
465
Effect of the Appointment Generally
466
Appointment by the Executive
469
Statutes Authorizing the Appointment to be Strictly Construed and Followed
470
Further of the Extent of the Jurisdiction in Chancery 430 Of Jurisdiction as Concurrent Relief 431 Injunction May be Granted Without Appointment ...
473
Parties to the Suit for the Appointment of a Receiver 434 Statutes Authorizing the Appointment Construction Illustration 435 In Cases of Insolvency...
477
Power to Appoint in Foreclosure Cases 437 The Appointment as Incident to a Creditors Bill Sequestration
478
The Appointment in a Creditors Action in New York
479
Of Religious Corporations
480
Of Foreign Corporations
481
Further of the Rights Powers and Duties of Receivers of Corporations Whom they Represent
494
As to the Prior Contracts of the Corporation Use of Corporate Seal 452 Of the Receivers Power to Compromise Claims
498
Of the Receivers Power as to Actions Pending Against the Company 454 Of the Receivers Power to Institute Actions and Proceedings
499
Of the Receivers Power to Attack Fraudulent Transfer
501
Of the Receivers Power in Reference to Illegal Preferences
503
Of the Receivers Power to Collect Unpaid Subscriptions 458 Of the Power to Subject the Property of the Shareholders 459 Of the Power to Enforce t...
506
Of the Rights of an Attaching Creditor 461 Of Actions Upon Premium Notes
508
The New York Rule in Actions Upon Premium Notes
509
In General of the Receivers Title
513
Of the Right of Setoff 467 Of Subsequent Acts of the Corporation as Affecting the Title 468 Of Estoppel by Judgment Against the Corporation 469 ...
516
Of the Liabilities Incident to the Receivership 471 Of the Aid of the Court in the Administration of the Receivership
517
Of Instruction and Direction by the Court 473 Of Distribution
518
Of the Application of the Fund Payment of Liabilities 475 Compensation of Receiver
521
Power of Court to Authorize Receiver of Private Corporation to Issue Certificates Prior and Preferential Debts Receivership Expensese
522
Continuing the Business of the Corporation
523
Of Receivers of National Banks Of the Appointment
524
What the Receiver Represents Effect of the Appointment
525
Of the Administration of the Receivership Rights Powers and Duties of the Receiver
526
Of the Title to the Property of the Bank Setoff and Equities
528
Of Sales by the Receiver Of the Contracts of the Receiver
529
Of Suits by the Receiver Jurisdiction of Courts PracticeMiscel laneous Incidents
530
CHAPTER XV
534
Of Relief in Cases of Trusts and Wills
539
Of Relief in Aid of Annuitants
540
Of the Appointment as Against a Life Tenant
541
Of the Appointment as Between Tenants in Common 495 Of Receivers of Mines
543
The Extent of the Receivership in These Cases 497 Of Receivers in Partition Suits
544
Of Receivers in Aid of a Mechanics I ien 499 Of Receivers in Actions of Ejectment
545
Of Receivers as Between an Heir and a Devisee
549
Of Receivers as Between Husband and Wife 505 Of Receivers in Favor of the State 506 Of Receivers of Crops and Chattels Real
550
Of Receivers in Aid of Bankruptcy Proceedings 508 Of Receivers as Between Vendor andVendee
551
Of Receivers in Aid of the Vendee
553
Of Receivers in Cases of Salesof Mines 511 Of the Effect of the Appointment Upon the Title
554
Of the Practice Defences
555
Of the Order of Appointment
556
Of the Powers and Duties op Receivers op Real Property 514 Of the Time When the Appointment Takes Effect 515 Of the Receivers Duty and Contr...
557
Of the Receivers Right to Distrain 517 Of the Enforcement of the Receivers Rights
559
Of Receivers of LeaseholdProperty 519 Of the Duty to Make Repairs and to Lease
561
Of Sales by a Receiver
562
Of the Termination of the Receivership
563
CHAPTER XVI
564
As Between Mortgagor and Mortgagee Sec 522 Introductory 523 The General Rule
565
Of Inadequacy of Security
567
The English Rule as to Inadequacy of Security 526 The Rule in New Jersey as to Inadequacy of Security
568
The Rule in Mississippi as to Inadequacy of Security
569
The Irish Rule as to Inadequacy of Security
570
Of the Effect of the Statutory Abolition of the Remedy by Ejectment 530 Generally of the Causes for the Appointment of a Receiver Chattel and Rea...
571
When a Receiver Will be Appointed before a Debt is Due 532 The Appointment of a Receiver of the Rents and Profits
579
The Rule Herein in New York
580
Miscellaneous Defences in these Cases Bankruptcy Proceedings etc 535 Of the Right of the Receiver to Accrued Rents Unpaid
583
Of a Receiver of Growing Crops
584
Of the Appointment in Certain Cases
585
Defences to the Appointment of a Receiver in These Cases
587
Extension of the Rule
605
Of the Right to Rents and Profits Procedure by Prior Mortgagee
606
The Rule in Virginia Conflicting Interests
609
CHAPTER XVII
610
What the Application Determines
615
Certain Rules Governing the Appointment
616
When the Receiver May Continue the Partnership Business 566 The General Rule Concerning the Appointment inThese Cases 567 Dissolution as a G...
618
When a Receiver Will be Appointed in Cases of Disagreement
619
Of Loss of Confidence as a Ground for the Appointment 570 When an Appointment will be Made in Case of a Breach of Duty 571 When an Appoin...
620
Generally of the Conditions Authorizing the Appointment 573 Receivers in Case of the Death of One or More of the Partners
622
Of Exclusion as a Ground for the Appointment 575 Of Receivers as Against NonResident Partners
623
Of Receivers of Special or Limited Partnerships
624
Of the Effect of the Appointment Upon the Rights of Creditors 578 When a Receiver Will be Appointed in the Interest of a Creditor 579 Of an Assig...
625
A Partner May be Appointed Receiver
631
Of the Title of a Receiver of Partnership Property 586 Of the Duties and Powers of Receivers Herein
633
5b7 Of the Conduct of the Business by the Receiver 588 Of Sales by the Receiver
634
Of Payments by the Receiver
635
CHAPTER XVIII
637
Receivers Pendente lite
641
Receivers Pending Litigation Over Probate
642
Receivers in Actions to Set Aside Sales
643
Receivers as Against Executors and Administrators 597 What Will Constitute Ground for the Relief
644
Receivers in Behalf of Infants as Against Adverse Holders 599 Receivers in Cases of Lunacy
645
Of the Poverty or Insolvency of the Trustee as a Ground
646
Receivers in Cases of Joint Trustees
647
Of the Effect of the Removal of the Trustee Beyond the Jurisdiction of the Court 603 Receivers in Cases of Foreign Trustees 604 Receivers in Aid of ...
648
Receivers in Aid of Sureties
649
Of the Selection of a Receiver in These Cases 607 Of the Effect of the Appointment of a Receiver Herein
650
Of the Discharge and Removal of the Receiver
651
CHAPTER XIX
652
Qualifications of the Rule
657
II
668
Of Notice of the Application
674
Further of the Receivers Title
680
Of the Duties of the Receiver
686
Necessity of Leave of Court to Sue a Receiver CrossBills
691
Generally a Receiver has no Extraterritorial Right in Bringing Suits 684 Application of the Rule 685 Exception in Favor of Comity 686 Application o...
692
Remedies Procedure Etc Sec 712 Substitution in Pending Actions Receivers Rights as to 713 Of the Remedies against Receivers 714 Of intervening P...
693
The Corporation is Responsible upon Statutory Limitations 728 Of Actions Upon the Liability as a Common Carrier of Freight 729 A Receiver Can N...
694
Necessity of Receivers to Have Leave of Court to Sue or Defend a Suit
695
Liability for Costs
727
The Contrary and Preferable Rule
739
Of Suite to be Brought in His Own Name 695 Where the Right is Given by Statute
742
Further and Generally as to Name in Which Receiver May Sue Review of Recent Decisions
743
Substitution of the Receiver as Plaintiff D The Receivers Pleadings and Proofs 698 His Authority to Sue Should be Alleged How Objection to Petitio...
747
This Rule Applies to Receivers of National Banks 700 When the Defendant is Estopped to Deny the Receivers Authority
749
Defect in Pleading the Appointment Cured by Verdict A Transcript of the Order Need Not Accompany the Pleading 703 Allegations Necessary in A...
750
E Defences to Actions by Receivers Setoff 704 The Appointment of a Receiver Does Not Generally Affect Defences of the Debtor
751
Instances of Defences Not Allowed
752
The Appointment Can Not be Attacked in a Collateral Action 707 Of Setoff Generally
753
Setoff of Claims Acquired After the Appointment 709 Setoff of Claims Arising Out of Other Transactions 710 Setoff where the Receiver Represents t...
756
Of Actions for Taking Real Property Without Compensation Rei of Leased Lines
777
CHAPTER XXI
778
The Manner and Terms of Sale May be Fixed by the Court
781
The Execution of the Order Confirmation of Sale 735 Existing Liens are not Affected by the Sale
783
The Receivers Power to Execute Deeds 737 Of Purchasers at the Sale
785
Purchasers Liability for Claims Arising out of the Receivership
786
CHAPTER XXII
789
CHAPTER XXIII
796
CHAPTER XXIV
822
CHAPTER XXV
846
Of the Practice Herein The Charges and Proofs
849
Of the Jurisdiction to Remove the Receiver Notice
851
Further of the Removal of Receivers and Notice
852
Causes for Vacating the Appointment Laches
853
Of Appeals from the Order of Removal
854
Of the Removal of the Receiver upon his own Application
855
Of the Removal of the Receiver for Misconduct
856
Of Removal in the Case of a Fraudulent or Collusive Appointment 786 Of Removal on Account of the Disagreement of Joint Receivers
860
Of Removal on Account of Relationship
861
Of the Removal of a Receiver Appointed by Consent 789 Of an Extension of the Receivership
862
Of the Substitution of a Receiver Selected by the Parties 791 Of the Rule where a Party in Interest Has Been Appointed Receiver
863
Discharge op Receivers 792 Generally of the Discharge of Receivers
864
Of Appeals Herein
865
Who May Apply for the Discharge of the Receiver 795 Of the Grounds of the Discharge a When the Appointment is Irregular
868
b When the Action has Ended
869
c When it is for the Interest of the Parties Concerned 798 ii Laches
871
e When the Object of the Receivership is Attained 800 Of the Effect of the Termination of the Litigation 801 Of Discharge Because of a Change in th...
873
Effect of End of Receivership and Discharge of Receiver
874
CHAPTER XXVI
876
Determining Whether the Facts are Sufficient to Invoke the Remedy
877
Notice of the Application 810 The Affidavits in Support of the Application 811 Of the Selection of a Receiver
879
The Order of Appointment 813 How the Receiver Qualifies His Bond 814 Moving to Vacate the Appointment
880
The First Duty of the Receiver 816 The Powers of the Receiver
881
The Duties and Liability of the Receiver His Personal Liability 818 Of the Procedure by the Receiver before the Court
882
The Receivers Compensation
883
Of the Receivers Accounts 822 Of the Expenses of the Receivership 823 Removal and Discharge of the Receiver
884

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Página 213 - ... except when such trust has in good faith been created by, or the fund so held in trust has proceeded from some person other than the defendant himself.
Página 335 - That whenever in any cause 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.
Página 708 - ... every receiver or manager of any property appointed by any court of the United 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 ; but such suit shall be subject to the general equity jurisdiction of the court in which such receiver or manager was appointed, so far as the same shall be necessary to the ends of justice.
Página 356 - Provided, That such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said courts in their official transactions, and the disobedience or resistance by any such officer, or by any party, juror, witness, or other person to any lawful writ, process, order, rule, decree, or command of the said courts.
Página 409 - No one is bound to sell to a railroad company, or to work for it ; and whoever has dealings with a company whose property is mortgaged must be assumed to have dealt with it on the faith of its personal responsibility, and not in expectation of subsequently displacing the priority of the mortgage liens. It is the exception, and not the rule, that such priority of liens can be displaced.
Página 352 - 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...
Página 359 - Defendants) who should come in and contribute to the expenses of the suit, against the company and all the directors.
Página 334 - 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.
Página 408 - Indeed, we are advised that some courts have made the appointment of a receiver conditional upon the payment of all unsecured indebtedness in preference to the mortgage liens sought to be enforced.
Página 475 - ... to appear and show cause why the prayer of the petition should not be granted...

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