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

Front Cover
Baker, Voorhis, 1897 - Receivers - 950 pages
 

Contents

Conflict in Appointment of Receivers By Courts of Different Territorial
21
Conflict Between Courts of Different States
23
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 and State Courts 28a Of Ancillary Receiverships
40
CHAPTER IV
45
Of Eligibility in General
47
The Subjectmatter of Receivership Generally Illustrations 55 The English Practice Herein
55
The English Practice as Affected by Considerations of Public Policy
56
New York Decisions in Particular Cases xiii
57
The Application for a Receiver does not Enlarge the Jurisdiction of the Court
58
Growing Crops Considered Part of the Land and Subject to a Re ceivership
59
Particular Proof Required in Special Cases
60
The Possession and Location of the Property
61
Property Located Outside the Jurisdiction of the Court
62
The Effect of the Provisions of the New York Code upon Property
63
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
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 CommonPartition
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
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 EXPARTE APPLICATIONS AT CHAMBERS 147 The Application at Chambers
135
1
136
Notice Not Necessary in Certain Cases
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 Objecting to Want of Notice
161
Of the Affidavits Generally
162
The Affidavits Should be Clear and Positive
163
Affidavits on Appeal
164
Use of Answer as Affidavit Effect of Verified Answer
165
In Applications Before Answer Defendant May be Heard Upon Affi davits 167 Of Rehearing an Application for a Receiver
167
Proceedings Before the Master or Referee 170 Proceedings Under the Former Chancery Practice of New York VI OF THE ORDER OF APPOINTME...
169
How the Order is Drawn and Entered
171
The Order Should Clearly Designate the Property to be Placed in the Receivers Charge
172
Interpreting the Order Advice of Court
173
Stipulations as to the Terms of the Order
174
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 SuitDeath of a Surety
198
Sureties Liable Upon a General Clause in the Condition of a Bond
199
Breach of BondLiability Absolute Proof Required to Enforce
200
Requisite Proof Continued
201
Effect on Receivers Right of Possession of Levy Under an Execution
214
Setoff 225 Title of Receiver Pendente Lite
217
Title of Temporary Receiver Pending Action to Dissolve a Partnership or for Divorce 227 Title of a Purchaser as Against the Receiver
218
Title of an Assignee as Against the Receiver
219
Rights of an Adverse Claimant as Against the Receiver The Remedy
220
Interference with Receivers Possession Receivers Remedy by In junction
221
Rule as to Property in the Possession of Third Persons Under Claim of Title
222
Miscellaneous Limitations upon the Title of the Receiver Letters Patent
223
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 Until After the Decree
259
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
276
The Same Subject Continued Strikes
277
The Power to Compromise Disputed Claims Against the Fund
278
An Advantageous Settlement of a Claim Although Made Without
279
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 BankControl 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
SUITS AGAINST RECEIVERS
307
Keeping and Paying Out the Funds Depositing Loaning and Invest ing Rightsand Liability Generally of the Degree of Care Required of Receivers
309
Of the Receivers Duty to Preserve the Property in His Possession
310
Of the Power to Contract for Labor and Supplies Duties and Liability of a Second Receiver as to Such Contracts
311
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 Mistake
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 CoReceiver 319 Not Liable for Speculative Profits 320 Of the Liability of Receiver of Bank f...
321
The Same Subject Continued
322
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
325
Of the Receivers Liability for Rents
326
The Effect of Appointment of Receiver on Lease of Defendant Liabil
327
ity of Receiver under Lease 328 Of the Liability of Receivers on Contract of Defendant
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
Proceedings at Law by Bondholders are Not Necessary Before a
367
III
370
Of the Receivers Right to the Protection of the Court in the Operation
376
Further as to Rights and Liabilities of Receivers Under Contract of
382
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 Operating the Road
405
The Time Within Which Preferential Debts Must Have Accrued
413
CHAPTER XIII
423
Under What Circumstances the Appointment Will be Made The Reluctance to AppointCare and CautionOn Petition of Minority Stockholders Exhau...
424
Insolvency of Corporation as Cause for Receiver
425
Effect of the Appointment Generally
426
Appointment by the Executive
427
Statutes Authorizing the Appointment to be Strictly Construed and Followed
428
Further of the Extent of the Jurisdiction in Chancery
429
Of Jurisdiction as Concurrent Relief
430
Injunction May be Granted Without Appointment
431
Further of the Dissolution of the Corporation by the Appointment
432
Parties to the Suit for the Appointment of a Receiver
433
Statutes Authorizing the Appointment
434
In Cases of Insolvency Under Statute
435
Power to Appoint in Foreclosure Cases ConstructionIllustration
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
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
plementary to Execution
482
Statute of Limitations
493
LAW OF REC B
497
Of Receivers After Recovery of Judgment inEjectment 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 the Rights of an Attaching Creditor 461 Of Actions Upon Premium Notes
508
The New York Rule in Actions Upon Premium Notes
509
Of Receivers in Cases of Salesof Mines
510
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 BankSetoff and Equities
528
Of Sales by the Receiver 483 Of the Contracts of the Receiver
529
Of Suits by the ReceiverJurisdiction of Courts laneous Incidents
530
CHAPTER XV
534
Of the Duty to Make Repairs and to Lease 520 Of Sales by a Receiver 521 Of the Termination of the Receivership
535
In the Case of Mortgages of Corporate Property 540 In the Case of Chattel Mortgages
540
In the Case of Equitable Mortgages
541
In the Case of Mortgages of Leaseholds
542
Of Provisions in Mortgage for a Receiver
543
When Receivers Will be Appointed as Against a Mortgagee
544
The Mortgagee as the Receiver
545
When a Receiver Will be Appointed After the Decree
546
Of the Discharge of the Receiver Upon Redemption
547
Seizure of Property by Receiver Not Included in Mortgage
548
Of a Receiver for a Junior Mortgagee the First Mortgagee Not Being in Possession and His Rights
549
Of Receivers in Foreclosures by Junior Mortgagees
550
The Rule Where the First Mortgagee is in Possession
551
The Rule in New Jersey
552
Of Receivers in Aid of Subsequent Incumbrances
553
Extension of the Rule
554
Of the Right to Rents and Profits Procedure by Prior Mortgagee
555
The Rule in Virginia Conflicting Interests
556
To Entitle a Party to the Relief the Partnership Must be Established
558
Right to Share in Profits as a Test of the Partnership in These Cases
559
The Papeis Upon Which the Application is Made Must Show the Right to a Receiver
560
The Rule Where there is no Danger of Loss
561
Of the Effect of Giving Security
562
What the Application Determines
563
CHAPTER XVI
564
When the Receiver May Continue the Partnership Business
565
The General Rule Concerning the Appointment inThese Cases
566
Dissolution as a Ground for a Receiver
567
When a Receiver Will be Appointed in Cases of Disagreement
568
Of Loss of Confidence as a Ground for the Appointment
569
When an Appointment will be Made in Case of a Breach of Duty
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 Real...
571
Generally of the Conditions Authorizing the Appointment
572
Receivers in Case of the Death of One or More of the Partners
573
Of Exclusion as a Ground for the Appointment
574
Of Receivers as Against NonResident Partners
575
Of Receivers of Special or Limited Partnerships
576
Of the Effect of the Appointment Upon the Rights of Creditors
577
When a Receiver Will be Appointed in the Interest of a Creditor
578
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
Miscellaneous Defences in these Cases
582
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
Of Sales by the Receiver 589 Of Payments by the Receiver
610
CHAPTER XVIII
637
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
When a Receiver May be Appointed in These Cases Necessity of Judgment
655
Qualifications of the Rule
657
When the Receiver Can Not
690
CHAPTER XX
691
A Receiver Must Pursue Appropriate and Existing Remedies 669 The Legal or Equitable Character of Claims Remains Unchanged Conduct of the Li...
692
The Contrary and Preferable Rule
693
Of Suits to be Brought in His Own Name
694
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
Substitution of the Receiver as Plaintiff
697
The Receivers Pleadings and Proofs 698 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
Actions for the Conversion of Property by a Judgment Debtor Gar nishment of Plaintiff
723
Of Actions for Rent and for Purchase Money 677 Of Suits for Unpaid Subscriptions 678 Rights of Action under Certain Statutes
724
Generally of the Receivers Right of Action Corporations Indi viduals
725
Parties to Suit by Receivers 681 A Judgment Obtained by a Receiver May be a Bar to Another Action + 682 Liability for Costs
727
A Receiver Can Not be Held to the Specific Performance of a Contract
729
Injunctions to Secure the Due Execution of Orders upon the Receiver
743
Execution
749
nagement
766
rrier of Freight
776
Of Actions for Taking Real Property Without Compensation Rent of Leased Lines
777
CHAPTER XXI
778
CHAPTER XXII
789
CHAPTER XXIII
796
Generally of the Expenditures to be Allowed Payment
805
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
811
The Order of Appointment
812
How the Receiver Qualifies His Bond
813
Moving to Vacate the Appointment
814
The First Duty of the Receiver
815
The Powers of the Receiver
816
Of Penalties for Misconduct and Neglect
817
Of the Procedure by the Receiver before the Court XXXV
818
Of the Procedure by Third Persons Having Claims Against the Re ceiver or Estate
819
The Receivers Compensation
820
Of the Receivers Accounts
821
Of the Expenses of the Receivership
822
Removal and Discharge of the Receiver
823
CHAPTER XXV
846
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
CHAPTER XXVI
876

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 331 - 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 704 - ... 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 352 - 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 405 - 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 348 - 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 355 - Defendants) who should come in and contribute to the expenses of the suit, against the company and all the directors.
Page 330 - 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 404 - 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 471 - ... to appear and show cause why the prayer of the petition should not be granted...

Bibliographic information