Thum v. Pingree
Utah Supreme Court
Appeal from the Third District Court, Saif Lake County, Hon. Ogden Hiles, Judge. Action by appellant as receiver for C. Bunting and Co., to obtain possession of certain county warrants claimed by him to have been wrongfully converted by an attachment suit in the State of New York. From a judgment for defendants plaintiff appealed. I. First we consider what the character of this indebtedness was. They were not negotiable promissory notes or bills of exchange.
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Appeal from the Third District Court, Saif Lake County, Hon. Ogden Hiles, Judge. Action by appellant as receiver for C. Bunting and Co., to obtain possession of certain county warrants claimed by him to have been wrongfully converted by an attachment suit in the State of New York. From a judgment for defendants plaintiff appealed. I. First we consider what the character of this indebtedness was. They were not negotiable promissory notes or bills of exchange. They were mere duebills. They were only prima facie evidence of an indebtedness. The counties, respectively, could defend against them,…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MinerMiner, J.
The record shows that a receiver was appointed for 0. Bunting & Co., bankers, in the State of Idaho, but not in the city of New York, and that such appointment in Utah was not made until long after the warrants had been attached in New York City.
Under the authorities it is clear to our minds that where a receiver has been appointed, or property has been transferred by operation of law, such receiver has no extra territorial jurisdiction over property, except that which is found within the territorial limits of the State wherein he was appointed, and such transfers have…
3Cases cited8 opinions
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Warner v. Fourth National BankNew York Court of Appeals · 1889
- Ward v. . BoyceNew York Court of Appeals · 1897
- Farwell v. Importers & Traders' National Bank of New YorkNew York Court of Appeals · 1882
- Osgood v. . MaguireNew York Court of Appeals · 1875
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4Cited by2 opinions
- Sterrett v. Stoddard Lumber Co.Oregon Supreme Court · 1935
- Anderson v. Halthusen Mercantile Co.Utah Supreme Court · 1906