Kirker v. Owings
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. This is an appeal from a decree of the circuit court for the payment of 81,-300 against E. C. Ivirker, personally, and S. T. Dewees, the surety on Kirker’s bond as receiver of the court. The decree was entered in the suit in which KJrker had been appointed receiver.
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Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. This is an appeal from a decree of the circuit court for the payment of 81,-300 against E. C. Ivirker, personally, and S. T. Dewees, the surety on Kirker’s bond as receiver of the court. The decree was entered in the suit in which KJrker had been appointed receiver. The suit was begun, by what was termed an “ancillary bill,” by Robert Ballard, trustee, against the Ella Layman Towboat Company. Ballard averred that he was a citizen of Ohio, and that the Ella Layman Towboat Company, the defendant, was…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). The court below held the receiver personally liable for certain debts incurred by Win, because, without authority of the court, he bad sold at an inadequate price the property out of which the court might have realized a sufficient sum to have paid the receiver’s debts. The court entered a decree in favor of the receiver’s creditors, not only against the receiver, but also against (be surety upon his bond. It does not appear specifically that the surety was given any notice of the hearing, but it does appear that at the time the order was made the surety…
2Cases cited12 opinions
- Russell v. FarleySupreme Court of the United States · 1882
- Bein v. HeathSupreme Court of the United States · 1852
- Hinckley v. Railroad Co.Supreme Court of the United States · 1879
- Bank of Mississippi v. DuncanMississippi Supreme Court · 1876
- Leslie v. BrownCourt of Appeals for the Sixth Circuit · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Receivers Middlesex Banking Co. v. Realty Investment Co.Supreme Court of Connecticut · 1926
- Mannington v. Hocking Valley Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1910
- Fidelity Trust Co. v. GaskellCourt of Appeals for the Eighth Circuit · 1912
- Haines v. Buckeye Wheel Co.Court of Appeals for the Sixth Circuit · 1915
- Byrnes v. Missouri Nat. BankCourt of Appeals for the Eighth Circuit · 1925
10 more not listed; retrieve them via the Exa API.