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

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Baker, Voorhis, 1897 - Electronic books - 950 pages
 

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Contents

The Principles of Comity
24
Conflict Between State and Federal Courts
25
Conflict Between Assignee in Bankruptcy and Receiver
26
Conflict in Foreclosure Proceedings
27
Instances of the Application of the Principle of Comity between Federal
28
and State Courts 28a Of Ancillary Receiverships
40
CHAPTER IV
45
Friendly Receivers 34 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 43 Eligibility of Trustees
60
Eligibility of a Next Friend 45 Eligibility of a Mortgagee
61
Eligibility of an Administrator 47 Of Eligibility in General
62
CHAPTER V
64
Of Property over which Parties are Contesting in Probate Court
65
Maryland and New York Rules Herein
66
Of a Receiver as Against the Legal Estate or Party in Possession
67
In Ejectment Cases Fraudulent Conveyances
68
Of a Receivership Where the Right is Doubtful
69
The General Rule Herein in this country
70
The New York Rule Herein
71
Other New York Cases to the Same Point
72
Of a Receiver of the Rents and Profits of Real Estate
73
Instances of the Appointment of Receivers of Rents
74
Of Inadequacy of Price as a Ground of the Appointment
75
Of a Corporation Acting as Trustee Under an Original Grant
76
77 Of a Receiver for an Estate in Trust
77
Of a Receiver Over an Executor Estates of Decedents
78
Further of Estate of Decedents Instances of Such Appointments
79
Of a Receiver as Against a Tenant in Common Partition
80
Of a Receiver as Against a Mortgagee in Possession
81
Further as to Receivers as Against Mortgagees in Possession
82
Of the Rights of Other Creditors
83
Of a Receiver of Mortgaged Property
84
Where there is Already a Receiver Extension
85
Of a Receiver for the Property of Corporations
86
Of a Receiver in Case of Disagreement Among Corporate Officers
87
Of a Receiver in Case of Misconduct of Directors Insolvency
88
Miscellaneous Decisions Concerning Receivers of Corporations
89
Of Receivers of the Property of Unincorporated Societies
90
Of a Receiver of Partnership Property Partnership not Dissolved
91
In Case of a Foreign Partnership
97
Of a Receiver to Enforce Specific Performance and Rescission
98
Of the Continuance of the Receivership
99
Ruling Upon a Rhode Island Statute Assignments
100
Ruling Upon the Provisions of the North Carolina Code
101
Provisions of the New York Code
102
92 In Case of Disagreement as to the Management of Partnership Property 93 In Case of the Withdrawal or Misconduct of a Partner
103
When the Partnership is Dissolved or Dissolution is Disputed
104
Assignments Appointment of Receiver as Against Assignee
105
General Creditors 107 Miscellaneous Cases
109
Further of Miscellaneous Cases
110
CHAPTER VI
121
CHAPTER VII
134
OF THE NOTICE AND Ex PARTE APPLICATIONS AT CHAMBERS 147 The Application at Chambers 148 Of Notice of the Application Necessit...
135
Stipulations as to the Terms of the Order
136
Notice Not Necessary in CertainCases
149
Of the Circumstances Generally Under Which Notice will be Dispensed With
150
General Statements on this Subject by the Courts
151
Notice is not Required When it Can Not be Given
152
Notice to a NonResident Defendant is Not Necessary
153
Decisions on this Subject in New York and Iowa
154
Notice as Between Landlord and Tenant
155
Instances of Facts Deemed Insufficient to Justify Exparte Proceedings
156
The Form and Service of the Notice
157
Notice Under New York Code
158
Notice Under Special Statute in West Virginia and Michigan
159
Service of Process Not Necessary Before Application
160
Validity of Appointment Without Notice Presumption as to Notice
161
Objecting to Want of Notice IV AFFIDAVITS ACCOMPANYING THE APPLICATION 162 Of the Affidavits Generally
164
The Affidavits Should be Clear and Positive
165
Affidavits on Appeal 165 Use of Answer as Affidavit Effect of Verified Answer
166
In Applications Before Answer Defendant May be Heard Upon Affi darits 167 Of Rehearing an Application for a Receiver
167
Provisions Relating to Prior Encumbrances
175
Miscellaneous Requirements
176
An Order Construed to be an Appointment of Receivers
177
Recitals in Order Construed Alternative Orders
178
The Order of Appointment May be Conditional
179
The Appointment of Two or More Receivers with Distinct Authority is Not Advisable
180
When the Order Takes Effect Relates Back
181
Vacating the Order
182
The Order Doesnot of Itself Affect the Jurisdiction of Other Courts
183
Miscellaneous Matters Pertaining to the Order Its Sufficiency and Construction
184
Collateral Attack of the Order
185
The Receiver Must GenerallyGive a Bond 187 When a Bond Need Not be Given
187
The Receivers Own Recognizance
188
The Bond Upon an Extension of the Receivership and Continuance of Temporary as Permanent Receiver
189
Number of Sureties Assignment of Securities
190
Who May be Securities
191
Bond Made Payable to an Officer of the Court
192
The Bond Must be Approved by the Court Consent
193
When the Security Becomes InsufficientVacating the Bond as to one Surety
194
Effect of Failure to give Bond and of Imperfection in the Bond
195
The Same Subject Continued
196
The Nature of the Sureties Liability Their Discharge Effect of New Bond on Sureties
197
Effect of Discontinuance of the Suit Death of a Surety
198
Sureties Liable Upon a General Clause in the Condition of a Bond
199
Breach of Bond Liability Absolute Proof Required to Enforce
200
Effect of Collusive and Fraudulent Appointment
206
In General of toe Receivers TitleRelates Back to Order of Appointment
207
Distinction Between Realty and Personalty in Respect of Title
208
Generally What Title and Property Receiver Takes Temporary and Permanent Receivers
209
When a Formal Assignment to the Receiver will be Required
210
As to Real Property
211
What Property Passes Under An Assignment to Receiver
212
As to Trust Property Choses in Action and Equitable Interests
213
The Rule in Supplementary Proceedings What Receiver Takes
214
The Effect of an Irregular or Erroneous Appointment
215
The English Rule Herein
216
At What Time the Receivers Title Vests and His Rights of Possession Accrues They Date Back
217
Limitations upon the Receivers Title Prior Liens
218
Following Trust Funds in Possession of Receiver
219
Property Exempt from Levy of Execution
220
The Proceeds of Insurance Policies upon Exempt Property and Claims for Damages Thereto
221
Trust Funds and Pensions
222
Effect on Receivers Right of Possession of Levy Under an Execution
223
Setoff
224
Title of Receiver Pendente Lite
225
Title of Temporary Receiver Pending Action to Dissolve a Partnership or for Divorce
226
Title of a Purchaser as Against the Receiver
227
Title of an Assignee as Against the Receiver
228
Rights of an Adverse Claimant as Against the Receiver The Remedy
229
Interference with Receivers Possession Receivers Remedy by In junction
230
Rule as to Property in the Possession of Third Persons Under Claim
231
Miscellaneous Limitations upon the Title of the Receiver Letters Patent
232
Effect of the Death of the Judgment Debtor Pending Proceedings Sup
233
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 Unti After the Decree
259
Right to Exercise His Own Discretion
269
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 Advantageous 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
284
His Authority to Compel Disclosure of the Affairs of a Corporation
285
His Right to Bring Ejectment 287 The Receivers Right to Rents
287
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
294
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
SUITS AGAINST RECEIVERS
307
Of the Duty to Collect Unpaid Stock Subscriptions
312
Of the Duty and Liability as to Liens
313
Of the Duty and Liability as to Allowing and Paying Claims Mistal
314
A Plaintiff is Not Liable for Losses Caused by the Receiver
315
A Receiver is Not Liable for Acts Done Under an Order of Court
316
Of the Liability for Using or Converting Property of the Estate
317
Of the Liability of a Receiver for the Misconduct of His CoReceive 319 Not Liable for Speculative Profits 320 Of the Liability of Receiver of Bank f...
321
Of the Receivers Liability for Funds Deposited in a Bank 323 Of the Receivers Liability for Interest
323
Of the Receivers Liability for Costs of Litigation
324
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 Lial ity of Receiver under Lease 328 Of the ...
328
Of the Receivers Liability Upon His Own Covenant and Contracts
329
Of the Liability for Loss Caused Solely by the Default of Another
330
Of the Liability to Pay for Labor and Materials Furnished
331
Of the Liability for Endangered Wall Under the New York Statute
332
Of the Disposition of Assets Under the New York Statute
333
Of the Duties of Receivers Appointed by the Courts of the Unit States Under the Statute of March 3 1887
334
Of the Liability of Persons Improperly Acting as Receivers
335
CHAPTER XII
336
Under What Circumstances Appointment Will be Made Caution
337
Of Claims for Damages to Property or Injuries to Persons
338
Of the Jurisdiction of State and Federal Courts
361
Proceedings at Law by Bondholders are Not Necessary Before a
367
ganizations Strikes
397
DEBTS OF THE COMPANY
405
CHAPTER XIII
423
Under What Circumstances the Appointment will be Made The Reluctance to Appoint Care and Caution On Petition of Minority Stockholders Exh...
424
Insolvency of Corporation as Cause for Receiver
425
Effect of the Appointment Generally
426
In Cases of Insolvency Under Statute
435
Power to Appoint in Foreclosure Cases
436
The Appointment as Incident to a Creditors Bill Sequestration
437
The Appointment in a Creditors Action in New York
438
Of Religious Corporations
439
Of Foreign Corporations
440
When Appointment will be Made Denial of Application Under Statutory Provisions
441
Laches and Acquiesence as a Ground for Refusal
442
Of Security in Lieu of a Receiver
443
Jurisdiction Over the Assets and Officers of a Foreign Corporation
444
The Selection of a Receiver Eligibility
445
The Force and Effect of the Order
446
Miscellaneous Incidents
447
CHAPTER XIV
450
OF THE ADMINISTRATION OF THE RECEIVERSHIP RIGHTS POWERS AND DUTIES OF THE RECEIVERS 448 Whom the Receivers Represe...
451
Of the Receivers Power as to Actions Pending Against the Company
453
Of the Receivers Power to Institute Actions and Proceedings
454
Of the Receivers Power to Attack Fraudulent Transfer
455
Of the Receivers Power in Reference to Illegal Preferences
456
Of the Receivers Power to Collect Unpaid Subscriptions
457
Of the Power to Subject the Property of the Shareholders
458
Of the Power to Enforce the Statutory Liability of Shareholders
459
Of the Rights of an Attaching Creditor
460
Of Actions Upon Premium Notes
461
In General of the Receivers Title
465
Of the Right of Setoff
466
Of Subsequent Acts of the Corporation as Affecting the Title
467
Of Estoppel by Judgment Against the Corporation
468
Notice
469
Of the Liabilities Incident to the Receivership
470
Of the Aid of the Court in the Administration of the Receivership
471
Of Instruction and Direction by the Court
472
Of Distribution
473
Of the Application of the Fund Payment of Liabilities
474
Compensation of Receiver
475
Of Receivers After Recovery of Judgment in Ejectment 501 Of Receivers as Between Lessor and Lessee
501
The Right of an Assignee of the Lease to a Receiver
502
Of Receivers as Between an Heir and a Devisee
503
Of Receivers as Between Husband and Wife
504
Of Receivers in Favor of the State
505
Of Receivers of Crops and Chattels Real
506
Of Receivers in Aid of Bankruptcy Proceedings
507
Of Receivers as Between Vendor and Vendee
508
The New York Rule in Actions Upon Premium Notes
509
Of Receivers in Cases of Salesof Mines
510
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
524
Of the Appointment 479 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 483 Of the Contracts of the Receiver
529
Of Suits by the Receiver Jurisdiction of Courts Practice Miscel laneous Incidents
530
CHAPTER XV
534
OF THE POWERS AND DUTIES OF RECEIVERS OF REAL PROPERTY 514 Of the Time When the Appointment Takes Effect 515 Of the Receive...
557
Of the Receivers Right to Distrain 517 Of the Enforcement of the Receivers Rights
559
Of Receivers of Leasehold Property 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
Of Receivers in Aid of Subsequent Incumbrances
565
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
When a Receiver Will be Appointed in Case of a Sale 581 When a Receiver Will be Appointed in the Interest of a Retiring Partner
581
When a Receiver Will be Appointed in the Interest of the Representa tives of a Deceased Partner
582
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
Of the Duties and Powers of Receivers Herein
586
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
608
CHAPTER XVII
610
General Rules Regulating the Appointment a Diligence 615 6 The Creditor Must First Exhaust His Remedy at
615
Miscellaneous Objections to the Appointment
616
Of the Return of the Execution
617
Relief Will be Granted only to Lien Creditors
618
Of Receivers in the Interest of the Holders of Equitable Liens
619
620 Of Receivers in Cases of Assignment for the Benefit of Creditors
620
Of Receivers as Against Chattel Mortgagees
621
Of Receivers in Cases of Fraudulent Assignments and Transfers
622
Of Priorities
623
Of the Powers and Duty of the Receiver Herein
624
Of the Control of the Receiver by the Court
625
I
626
The New York Statute Authorizing the Appointment
627
When the Appointment will be Made
628
When a Receiver Will Not be Appointed
629
Of the Return of the Execution
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
CHAPTER XVIII
637
In General Only one Receiver can be Appointed
638
Of the Title of the Receiver Herein May Attack Fraudulent Con
639
CHAPTER XIX
652
Of the Time When the Title Vests 641 Further of the Receivers Title 642 Of the Title to Trust Property Choses in Actions etc 643 Of the Nature of the...
653
Of the Control of the Receiver by the Court
683
Of the Powers of the Receiver
685
Of the Duties of the Receiver
686
Judgment
687
The Same Subject Continued
689
When the Receiver Can Not
690
CHAPTER XX
691
A Receiver Must Pursue Appropriate and Existing Remedies 669 The Legal or Equitahle Character of Claims Remains Unchanged Conduct of the Li...
692
Substitution in Pending Actions Receivers Rights as to 713 Of the Remedies against Receivers 714 Of intervening Proceedings Seeking Relief in the ...
693
Necessity of Receivers to Have Leave of Court to Sue or Defend a Suit 651 Generally of Granting Leave to Receiver to Sue Incidents and Excep tion...
695
His Authority to Sue Should be Alleged How Objection to Petition Taken
698
This Rule Applies to Receivers of National Banks
699
When the Defendant is Estopped to Deny the Receivers Authority
700
Defect in Pleading the Appointment Cured by Verdict A Transcript of the Order Need Not Accompany the Pleading
701
Allegations Necessary in Actions by a Receiver in Supplementary Proceedings
702
Of the Proof of the Appointment
703
The Appointment of a Receiver Does Not Generally Affect Defences of the Debtor
704
Instances of Defences Not Allowed
705
The Appointment Can Not be Attacked in a Collateral Action
706
Of Setoff Generally
707
Setoff of Claims Acquired After the Appointment
708
Setoff of Claims Arising Out of Other Transactions
709
Setoff where the Receiver Represents the Creditors
710
The Price paid for Assets Illegally Transferred Can Not be Recouped
711
Where Receivers may be Sued
715
When the Receiver is Necessarily a Party
716
Injunctions Interpleas
717
The Trust Estate is Not Subject to Attachment or Execution Distres
718
Of the Receivers Defences
719
Of Judgments Against the Receiver Execution After Discharge
720
Of the Conclusiveness of Judgments Against Receivers
721
Of Appeals by the Receiver
722
The Liability of a Managing Receiver is Generally the Same as that an Owner
723
Of Injuries Occurring Under the Receivers Management
724
The Receivers Liability for Injuries Ceases with His Discharge
725
Corporations in a Receivers Hands are Not Accountable for Injuries
726
The Corporation is Responsible upon Statutory Limitations
727
Of Actions Upon the Liability as a Common Carrier of Freight
728
A Receiver Can Not be Held to the Specific Performance of a Contra
729
Injunctions in Aid of Receivers Against Unauthorized Suits 742 Injunctions to Protect the Receivers Possession
742
Injunctions to Secure the Due Execution of Orders upon the Receiver
743
Injunctions in Aid of Judgment Debtors in Actions by Receivers
744
Injunctions Against Receivers
745
plementary to Execution
765
Of Actions for Taking Real Property Without Compensation Rei of Leased Lines
777
CHAPTER XXI
778
CHAPTER XXII
789
Statute of Limitations
795
CHAPTER XXIII
796
LAW OF REC B
801
Time When the Application May be Made 808 The Application The Pleading
808
Notice of the Application
809
The Affidavits in Support of the Application
810
When the Counsel Fees of Parties in Interest Will be Paid Out of the Funds in the Hands of the Receiver
811
The Order of Appointment
812
How the Receiver Qualifies His Bond
813
Moving to Vacate the Appointment
814
Of the Allowance of Costs
815
The Powers of the Receiver
816
Of Penalties for Misconduct and Neglect 757 When a Receiver May be charged with Interest
817
Of Appeals Herein
818
Of the Presentment and Payment of Claims
819
The Receivers Compensation 821 Of the Receivers Accounts
820
CHAPTER XXIV
822
Removal and Discharge of the Receiver
823
The English Rule 763 The Irish Rule
825
Of the Rule by Analogy to That in the Case of Executors and Other Trustees
826
The Rule in New York
827
The Rule in Various Other Jurisdictions
828
Of the Compensation of Receivers of Railways
831
Generally of the Receivers Compensation How Fixed and Paid Recent Decisions
833
Of the Rule Where the Receiver Acts in Two Capacities
837
Of Additional Compensation for Extra Services
838
Of Compensation for Services as Counsel
839
Of the Liability for the Compensation of the Receiver 774 The Rule Where the Appointment is Vacated or Was Irregular
842
Of Appeals From the Settlement of the Receivers Compensation
844
CHAPTER XXV
846
LAW OF REC C
849
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
6 When the Action has Ended
869
c When it is for the Interest of the Parties Concernea 798 d 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
Bond
876
Of the Selection of the Receiver Eligibility 339 The Power to Manage and Operate Railways The English Rule Operation to be Speedily Ended
930

Common terms and phrases

Popular passages

Page 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.
Page 333 - 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.
Page 706 - ... 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.
Page 354 - 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.
Page 407 - 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.
Page 350 - 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...
Page 357 - Defendants) who should come in and contribute to the expenses of the suit, against the company and all the directors.
Page 332 - 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.
Page 406 - 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.
Page 473 - ... to appear and show cause why the prayer of the petition should not be granted...

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