Yaryan Naval Stores Co. v. B. Borchardt Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern District of Georgia; Wm. B. Sheppard, Judge. Creditors’ suit in equity against the Yaryan Naval Stores Company. From the decree obtained by the B. Borchardt Company and James S.. Brailey, Jr., receivers, defendant appeals.
1Per curiam
[1] Where months after a creditors’bill has been-filed, and the defendant has appeared and filed an answer admitting the - indebtedness to the complainant and all the equities set up in the bill, and consented to the appointment of receivers, and where under orders of court receivers have entered upon the administration of the property of the defendant, incurring obligations and large expenditures, it is too late to urge that, inasmuch as the complainant’s claim has not been reduced to judgment, the suit should be dismissed because the-complainant had an adequate remedy at law. See Hollins v.…
2Cases cited8 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Metcalf v. BarkerSupreme Court of the United States · 1902
- Eyster v. GaffSupreme Court of the United States · 1876
- Reynes v. DumontSupreme Court of the United States · 1889
- Pickens v. RoySupreme Court of the United States · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Blair v. BraileyCourt of Appeals for the Fifth Circuit · 1915
- In re Richardson's EstateDistrict Court, N.D. Texas · 1923
- Equitable Trust Co. v. A. C. White Lumber Co.District Court, D. Idaho · 1930
- First Nat. Bank of Medford, Or. v. Stewart Fruit Co.District Court, N.D. California · 1927
- Stevens v. Carolina Scenic StagesCourt of Appeals for the Fourth Circuit · 1954