The Law of Receiverships as Established and Applied in the United States: Great Britain and Her Colonies, with Procedure and Forms

Front Cover
Lawyer's co-operative publishing Company, 1897 - 805 pages

From inside the book

Contents

18 Courts exercising jurisdiction
54
22 Form and scope of order
63
CHAPTER III
80
37 Power over property in foreign jurisdiction
108
b American rule
109
Power to impeach fraudulent acts of debtor
111
39 Power to collect unpaid stock subscriptions
115
40 Power to issue certificates
117
Miscellaneous powers
119
CHAPTER IV
121
44 Not disturbed by court of coordinate jurisdiction
122
Not to be disturbed by levy
126
Not to be disturbed by strikes conspiracies etc
130
47 Leave of court when required
132
48 Duty of receiver to take possession of property
133
49 As against public improvements
135
As to tenants
136
As to taxes
137
55 As to setoff
138
As to exemptions
139
CHAPTER V
140
By possession
142
60 In supplementary proceedings
143
In statutory proceedings
144
62 In actions pendente lite
145
To choses in action generally
146
To real estate in foreign states
147
To real estate generally
148
67 Extent of
149
Subject to all liens etc
150
Receivers right to sue limited
156
Suits against stockholders on unpaid subscriptions
173
Suits on debtors bond replevin distraint etc
179
d Where suit is to fix damages merely e Where levy and sale by judgment creditor f Where receiver has sold property illegally g Where he defends ...
182
84 Exceptions to the rule
186
85 In what court receiver may be sued
190
86 Suits against receiver for negligence
192
When suits against him may be enjoined
193
Receivers defenses
194
Character of judgment against receiver
195
90 Receiver a party when necessary
196
91 Receiver may be restrained
197
CHAPTER VIII
199
110 Must obey orders of court
205
111 Liability for use of property money etc contempt
206
112 As common carrier
208
As common carrier for damages
211
Corporation in hands of receiver not liable
213
Liability for use of receivership funds
214
For default of another
216
For supplies labor etc
217
119 For money deposited in bank
218
120 For costs and expenses
219
For rents
220
On unexpired leases
221
Adoption of lease by receiver
222
Liability on leases made without order of court
224
126 On contracts of predecessor
225
127 Order of payment preferred payments
226
128 When personally liable
228
Liability for attorneys fees
230
For disobeying orders of court
231
131 To account
232
133 Effect of discharge
233
Liability for contempt of court
234
CHAPTER IX
235
Classes of creditors proceedings
240
Fraudulent conveyances
241
b Rule as to execution
244
1 Exception in case of lien by attachment 2 of debtors insolvency 3 of fraudulent conveyances 4 of levy on property conveyed 5 of an absconding d...
249
a Where assignment is fraudulent 1 Where the debtor is to continue business 2 Where benefit to debtor reserved 3 possession to remain with debtor 4...
250
Supplementary proceedings
251
Necessity of officers retaining execution statutory period
252
b When not required
253
Practice in code states
254
153 Appointment of receiver order duties etc
255
154 Receivers powers in supplementary proceedings
256
Functions
258
Right to sue and be sued
260
b Where one partner is guilty of fraud
308
In case of assignment by insolvent partner
315
a When appointed 1 In case of misappropriation
317
210 Effect of appointment
338
k Judgment creditors
341
221 Statutory power
345
227 Fraud as ground for appointment
366
The receivers relationship 875
375
234 Liability of receiver
391
To recover stock subscriptions
402
238 To recover illegal dividends
408
241 Collateral attack of receiver
415
f Failure to pay for stockimpairment
419
Receivers title National banks
429
Liability of stockholders
437
Illegal preferences
445
CHAPTER XIV
451
b Railroad not liable when c When receiver personally liable d When receiver officially liable e Liability measured by that of corporation
452
When not appointed
465
Powers of railway receiver
471
Preferential claims basis of
485
280 Application to rolling stock and car trusts
491
281 Claims not preferential
498
34
504
Power to lease
508
Effect of discharge as to liability
517
Receivers certificates
522
CHAPTER XV
526
CHAPTER XVI
539
CHAPTER XVII
548
In suits for specific performance 319 As between lessor and lessee 320 In ejectment suits
551
In alimony suits
552
For building and loan associations
553
Grounds for appointment
554
CHAPTER XVIII
557
CHAPTER XIX
568
Preferred claims grounds for allowance
574
104
577
CHAPTER XX
582
CHAPTER XXI
592
357 Order of distribution
594
358 What embraced in order of distribution
595
b Notes secured by invalid mortgage
597
c Debts due contractors d Rents and profits e Expenses and advancements
598
f Money paid by sureties
599
g When on judgments h Where collaterals are held
600
CHAPTER XXII
601
Suit pending
602
372 Prayer for receiver
603
At what stage of suit application made
604
379 Form of bond
605
How liability enforced
606
Scope of order
607
Reference to master or referee
608
Statutory proceedings
609
390 Suits by receiver
610
In what name to sue
611
395 Suits against receiver leave to sue
612
396 Actions against receiver under void appointment
615
Form of judgment against receiver
617
Right of setoff
618
Application for directions
619
Leave to issue certificates
626
CHAPTER XXIII
634
Petition by receiver to be substituted in action
683
Petition of receiver of national bank to compromise
689
General
709
508
715
c Application by whom made
717
517
725
543
733
Order on 66
737
g But not by corporation 225 Grounds for appointment 355
764
522
765
526
766
554
767
528
773
539
774
557
785

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Page 650 - ... together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest.
Page 419 - ... the Comptroller of the Currency may forthwith appoint a receiver, and require of him such bond and security as he deems proper. Such receiver, under the direction of the Comptroller, shall take possession of the books...
Page 423 - That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 426 - It is for the comptroller to decide when it is necessary to institute proceedings against the stockholders to enforce their personal liability, and whether the whole or a part, and if only a part, how much, shall be collected. These questions are referred to his judgment and discretion, and his determination is conclusive. The stockholders cannot controvert it.
Page 658 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.
Page 512 - Kansas of 1874 providing that "every railroad company organized or doing business in this state shall be liable for all damages done to any employee of such company in consequence of any negligence of its agents, or by any mismanagement of its engineers or other employees to any person sustaining such damage...
Page 421 - 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...
Page 213 - The mortgagee has his strict rights which he may enforce in the ordinary way. If he asks no favors, he need grant none. But if he calls upon a court of chancery to put forth its extraordinary powers and grant him purely equitable relief, he may, with propriety, be required to submit to the operation of a rule which always applies in such cases, and do equity in order to get equity.
Page 448 - Such violation shall, however, be determined and adjudged by a proper circuit, district, or territorial court of the United States, in a suit brought for that purpose by the Comptroller of the Currency, in his own name, before the association shall be declared dissolved.
Page 660 - States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

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