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

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Lawyer's co-operative publishing Company, 1897 - Receivers - 805 pages
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Contents

Power to borrow money
80
Power to make repairs _
93
Power to perform existing contracts limitations
102
Power over property in foreign jurisdiction
108
Power to impeach fraudulent acts of debtor
111
Power to collect unpaid stock subscriptions
115
Power to issue certificates _
117
Miscellaneous powers
119
RECEIVERS POSSESSION 43 How disturbed
121
Not disturbed by court of coordinate jurisdiction
122
Not to be disturbed by levy
126
Not to be disturbed by strikes conspiracies etc _
130
Leave of court when required
132
Duty of receiver to take possession of property
133
As against public improvements
135
As to tenants
136
As to taxes
137
As to setoff _
138
As to exemptions
139
CHAPTER V
140
By posseaslon
142
In supplementary proceedings
143
In statutory proceedings
144
In actions pendente lite
145
To choses in action generally
146
To real estate in foreign states
147
To real estate generally
148
Extent of
149
68 Subject to all liens etc
150
Authority of the court necessary
152
Receivers authority must be shown _
158
e Later doctrine in United States
165
Power of receiver to sue in matters of fraud trusts etc 171
171
Suits against stockholders on statutory liability
177
i 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 w...
182
Order of court necessary
183
In what court receiver may be sued
190
Suits against receiver for negligence
192
When suits against him may be enjoined
193
Receivers defenses _
194
Character of judgment against receiver
195
Receiver a party when necessary _
196
Receiver may be restrained
197
CHAPTER VIII
199
Must obey orders of court
205
S Hi Liability for use of property money etc contempt
206
As common carrier _
208
H4 As common carrier for damages
211
Corporation in hands of receiver not liable
213
Liability for use of receivership funds
214
a in For default of another
216
For supplies labor etc
217
For money deposited in bank
218
For costs and expenses 219 120
219
For rents
220
On unexpired leases 221 122
221
Adoption of lease by receiver
222
Liability on leases made without order of court
224
On contracts of predecessor
225
127 Order of payment preferred payments
226
When personally liable
228
Liability for attorneys fees _ 280
230
For disobeying orders of court
231
To account
232
Effect of discharge
233
Liability for contempt of court 284
234
General nature of remedy 235
235
Fraudulent conveyances
241
Jurisdiction in matters of assignment 249
249
Appointment of receiver order duties etc
255
Order of appointment
261
Priorities under creditors bills
263
When not appointed
278
Inadequacy of security as ground for
287
Same subject continued
294
Application of parties other than mortgagees
302
197 In case of dissolution by death 816
304
b Where one partner is guilty of fraud
308
In case of assignment by insolvent partner 315
315
On application of creditors
318
Where one partner is mismanaging business
324
Before dissolution
332
Effect of appointment
338
235 Suits by receiver of a corporation 897
342
221 Statutory power
345
b Sureties for corporation
353
b Default in mortgage indebtedness
359
Fraud as ground for appointment
366
231 The receivers relationship 875
375
c To make needful repairs
381
To avoid fraudulent transfers
403
239 Leave of court to sue required
410
242 Receivers possession
416
Power of comptroller to appoint
425
Receivers liability
432
Illegal preferences
445
Effect of discharge as to liability
517
CHAPTER XV
526
Receiver In lieu of trustee
528
1 In case of misappropriation
531
2 In case of fraud S Disobedience of orders of court 4 Illegal trusts 5 Where necessary to prevent transfer 6 Fraud not always necessary to be shown ...
539
308 Testamentary trustees
544
309 Infantsestates
545
310 Lunaticsestates
547
CHAPTER XVII
548
Between creditor and debtor
549
In suits for specific performance
551
In alimony suits
552
For building and loan associations
553
Grounds for appointment
554
CHAPTER XVI
557
d Grounds for removal
562
CLAIMS AGAINST RECEIVERSHIP FUNDS
568
Preferred claims grounds for allowance
574
CHAPTER XX
582
CHAPTER XXI
592
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 hj Where collaterals are held
600
CHAPTER XXII
601
Suit pending
602
Prayer for receiver
603
At what stage of suit application made
604
Form of bond
605
How liability enforced
606
Scope of order
607
Reference to master or referee
608
Statutory proceedings
609
Suits by receiver
610
In what name to sue
611
Suits against receiver leave to sue
612
Actions against receiver under void appointment
615
Form of judgment against receiver
617
Right of setoff
618
Application for directions
619
Possession as to third parties
620
Acts outside of receivers duty
622
Leave to compromise
623
Leave to sell
625
Leave to issue certificates
626
Trust property held by receiver
627
Effect of receivers discharge pending action
629
415 Conflicting claims how determined
630
Receivers accounts
631
Appeal by receiver 682
632
CHAPTEE XXIIL FORMS No 1 Complaint for dissolution of copartnership
634
Foreclosure proceedings
639
against corporation for fraud and accounting
640
Affidavit for appointment in foreclosure
641
for appointment general
642
Order appointing receiver general
643
Manufacturing corporation
644
Railroad foreclosure
645
Short form
648
Trustees
650
Partnership
651
Joint business
652
to manage mine
654
of specific personal property
655
of rents and profits
656
to show cause why not appointed
657
Bond of receiver
658
Another form
659
Short form
660
Notice by receiver to creditors and debtors of appointment
662
commissioner or referee to report claims 663
663
requiring defendant to turn over books etc
665
Affidavit for motion to compel tenants to pay
666
for order to stay actions
667
Petition by receiver for leave to defend 968
669
Order to to settle traffic balances
670
Petition by receiver for leave to sell
671
for sale of perishable property
672
Petition for order on purchaser to complete purchare 972
673
Order granting employ counsel
674
Petition to pay
675
surrender etc
676
Petition of receiver for leave to account and be discharged
677
Objections to
679
removing and appointing substitute 780
680
Order to show cause why should not be discharged
681
Affidavit to show cause in contempt proceedings
682
Petition by receiver to be substituted in action
683
Order to sheriff to withdraw levy
684
Declaration on assessmentNational bank
685
promissory note
687
Petition of receiver of national bank to compromise
689
Order on
691
805 General
805

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Common terms and phrases

Popular passages

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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