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

Charles Fisk Beach (Jr.)

Baker, Voorhis, 1897 - Receivers - 950 pages

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Table of Contents

Index

V	xxxvii

Receivers with Power to Raise Money and Create a Lien for its Pay	xxxviii

CHAPTER I	1

TABLE OF CONTENTS II	11

His Duty in the Absence of a Specific Order Irregular or Insufficient Orders	12

CHAPTER II	15

Conflict Between Courts of Same State 23 Conflict Between Courts of Different States 24 The Principles of Comity 25 Conflict Between State and Fed...	20

Instances of the Application of the Principle of Comity Between Federal and State Courts 28a Of Ancillary Receiverships	40

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 RentAttornment	289

The Right to Make Repairs Upon the Property in His Hands	291

Money Deposited by Receivers in BankControl of by Bank	292

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

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

CHAPTER VI	121

CHAPTER VII	134

OF THE NOTICE AND EXPARTE APPLICATIONS AT CHAMBERS 147 The Application at Chambers 148 Of Notice of the Application Necessity...	135

Stipulations as to the Terms of the Order 175 Provisions Relating to Prior Encumbrances 176 Miscellaneous Requirements 177 An Order Construed t...	136

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 davits 167 Of Rehearing an Application for a Receiver	167

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 OrderIts Sufficiency and Construction	176

Collateral Attack of the Order	177

CHAPTER VIII	179

CHAPTER IX	192

OF THE RECEIVERS POSSESSION CONTEMPT SEC 235 Of the Receivers Possession in General 236 Receivers Possessionis not Technically Adve...	193

The Title to the Property Can Not be Adjudicated in Contempt Proceed ings	198

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 plementary to Execution 234 Statute of Limitations	224

LAW OF REC B	225

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

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

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 United States Under the Statute of March 3 1887	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

Of a Receiver of a Road Chartered by and Running Through Different	366

IV	400

The Time Within Which Preferential Debts Must Have Accrued	413

CHAPTER XIII	423

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 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

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

CHAPTER XVI	564

The Rule in New Jersey 553 Of Receivers in Aid of Subsequent Incumbrances 554 Extension of the Rule 555 Of the Right to Rents and Profits Proce...	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

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

CHAPTER XVII	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 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 L...	692

When the Defendant is Estopped to Deny the Receivers Authority 701 Defect in Pleading the Appointment Cured by Verdict A Transcript of the Or...	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 651 Generally of Granting Leave to Receiver to Sue Incidents and Excep tion...	695

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

Parties to Suit by Receivers 681 A Judgment Obtained by a Receiver May be a Bar to Another Action 682 Liability for Costs	727

CHAPTER XXI	778

CHAPTER XXII	789

CHAPTER XXIII	796

CHAPTER XXIV	822

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

action affidavits alleged ancillary appeal application appoint a receiver assets assignment authority Barb Beav bill bond ceeding ceiver circuit court claim comity conflict corporation court of chancery court of equity debtor defendant duties effect entitled erty executor exercise federal court filed final decree foreclosure fraud fund granted held insolvent interest Judge jurisdiction Justice lien litigation Louis ment Mercantile Trust Co mortgage motion N. J. Eq National Bank Northern Pacific Railroad notice officer Ohio order appointing Paige parties partnership payment pendente lite pending person plaintiff pointment power to appoint prop R. R. Co Railroad Co Railroad Company Railway receiver appointed receiver to take receiver was appointed receiver's receivership refused remedy rents and profits rule Section service of process Smith statute stockholders suit supreme court sureties take possession tion Trust Wabash York

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.‎

Appears in 105 books from 1829-2005

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.‎

Appears in 193 books from 1852-2007

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.‎

Appears in 97 books from 1880-1988

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.‎

Appears in 302 books from 1796-2007

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.‎

Appears in 75 books from 1873-2001

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...‎

Appears in 160 books from 1856-1996

Page 357 - Defendants) who should come in and contribute to the expenses of the suit, against the company and all the directors.‎

Appears in 56 books from 1822-1979

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.‎

Appears in 133 books from 1829-2008

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.‎

Appears in 47 books from 1880-1940

Page 473 - ... to appear and show cause why the prayer of the petition should not be granted...‎

Appears in 277 books from 1824-2000

Bibliographic information

Title	A Practical Treatise on the Law of Receivers: With Extended Consideration of Receivers of Corporations Making of modern law
Author	Charles Fisk Beach (Jr.)
Editor	William Atkinson Alderson
Edition	2
Publisher	Baker, Voorhis, 1897
Length	950 pages

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