Fowler v. Jarvis-Conklin Mortgage Trust Co.
U.S. Circuit Court for the District of Southern New York
This was a suit by Benjamin M. Fowler and others against the Jarvis-Conklin Mortgage Trust Company, in which Samuel M. Jarvis and Roland R. Conklin were appointed receivers oí the defendant, corporation.
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This was a suit by Benjamin M. Fowler and others against the Jarvis-Conklin Mortgage Trust Company, in which Samuel M. Jarvis and Roland R. Conklin were appointed receivers oí the defendant, corporation. A petition for their removal, filed by Elizabeth Garnet t, intervening, was denied. 63 Fed. 888. Thereafter, the in-tervener again moved for their removal, and the receiver Jarvis having resigned, tuid the court having, of its own motion, filled the vacancy by appointing a new receiver, the intervener moved also to vacate the order of appointment. The grounds of removal, on which the…
1Opinion of the Court
LAGOMI5K, Circuit. Judge.
The papers submitted on the original motion, as well as those upon which the present application is based, have been examined, and the opinion heretofore expressed ((>3 Fed. 888) remains unchanged. No sufficient cause is shown for the removal of the receivers first appointed, nor is any necessity -apparent for referring it to a master to take proofs on the points suggested, and already so fully covered by affidavits on both sides. The motion to remove the receivers first appointed is denied.
The new receiver was appointed by the court, ex proprio motu, to fill a…
2Cases cited1 opinion
- New Hampshire v. Grand Trunk RailwayUnited States Circuit Court · 1880
3Cited by3 opinions
- Nichol v. MurphyMichigan Supreme Court · 1906
- Lincoln Printing Co. v. Middle West Utilities Co.District Court, N.D. Illinois · 1934
- Twin Cities National Bank v. Anderson Co.Supreme Court of Minnesota · 1923