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

7 Where purposes of trust have failed
7
8 Conflicting claimants separate suits
8
Functions of the receiver
20
At what stage appointed
26
Order to pay claims accruing prior to appointment
30
Scope of the bill of petition
32
Jurisdiction not entertained
45
Courts exercising jurisdiction
54
Form and scope of order
63
Bond
73
CHAPTER III
80
Power to borrow money
85
Power to sue
91
Power to sell purchasers title etc
98
Power to lease
104
Order
107
Power over property in foreign jurisdiction
108
b American rule
109
Power to impeach fraudulent acts of debtor
111
Power to collect unpaid stock subscriptions
115
Power to issue certificates
117
Miscellaneous powers
119
CHAPTER IV
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 possession
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
Subject to all liens etc
150
Authority of the court necessary
152
Receivers authority must be shown
158
Power to sue in foreign jurisdiction as to realty
170
Suits against stockholders on statutory liability
177
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
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
Liability for use of property money etc contempt
206
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
117 For default of another
216
For supplies labor etc
217
For money deposited in bank
218
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
On contracts of predecessor
225
Order of payment preferred payments
228
Liability for attorneys fees
230
For disobeying orders of court
231
To account
232
Effect of discharge
233
When not appointed
278
Liability of railway receivers
285
174 Inadequacy of security as ground for
287
Same subject continued
294
c Presumption as to adequacy
297
Application of parties other than mortgagees
302
When not appointed
308
In case of dissolution by death
316
In case of fraud by one partner
323
Where dissolution has taken place
329
On miscellaneous grounds
335
CHAPTER XII
341
Exercise of power discretionary
347
Grounds for appointment
355
Fraud as ground for appointment
366
Petition by receiver for leave to sell
369
The receivers relationship 875
375
c To make needful repairs
381
g To pay taxes
387
Liability of receiver
391
Suits by receiver of a corporation
397
Possession as to third parties
404
To avoid fraudulent transfers
406
Leave to contract debts and liens
410
Collateral attack of receiver
415
Receivers accounts
416
f Failure to pay for stockimpairment
419
Power of comptroller to appoint
425
Receivers liability
432
Illegal preferences
445
CHAPTER XIV
451
Powers of railway receiver
471
Scope of implied power as to operating expenses
482
Application to rolling stock and car trusts
491
Claims not preferential
498
Limitations on receivers power
507
Effect of discharge as to liability
517
CHAPTER XVI
539
CHAPTER XVII
548
549
549
551
551
REMOVAL AND DISCHARGE OF RECEIVER 330 Removal and discharge a Notice of application b Application for removal c Application by wh...
557
d Grounds for removal
562
CHAPTER XIX
568
Preferred claims grounds for allowance
574
CHAPTER XX
582
CHAPTER XXI
592
Order of distribution
594
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 b 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
CHAPTER XXIII
634
promissory note
641
Notice
643
20
656
Petition of receiver of national bank to compromise
662
General
709
In case of assignment by insolvent partner 315
753

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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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