McNary v. Bush
Oregon Supreme Court
From Marion : Henry H. Hewitt, Judge. This is a suit brought by H. P. McNary, as receiver of the Williams & England Banking Company, to have a judgment recovered by the defendant A. Bush, against the company, subsequent to his appointment as receiver, declared not a lien upon the property and assets thereof.
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From Marion : Henry H. Hewitt, Judge. This is a suit brought by H. P. McNary, as receiver of the Williams & England Banking Company, to have a judgment recovered by the defendant A. Bush, against the company, subsequent to his appointment as receiver, declared not a lien upon the property and assets thereof. The facts material to an understanding of the questions presented for adjudication are that the Williams & England Banking Company was a corporation engaged in a general banking business in the City of Salem, and was the owner of a large amount of real and personal property. On the…
1Opinion of the CourtJustice Bean
1. There are several questions presented by the record, but, in the view we have taken of the matter, the only one necessary to be considered is the contention of the defendant that the appointment of the receiver was null and void. Our statute (Hill’s Ann. Laws, § 1061) provides that “A receiver may be appointed in any civil action, suit or proceeding, other than an action for the recovery of specific personal property— * * * 4. In cases provided in this code, or by other statutes, when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited…
2Cases cited7 opinions
- La Société Française D'Epargnes et de Prévoyance Mutuelle v. Dist. Court of the Fifteenth Judicial Dist.California Supreme Court · 1879
- State ex rel. Merriam v. RossSupreme Court of Missouri · 1894
- Pressley v. LambIndiana Supreme Court · 1886
- Altman v. School DistrictOregon Supreme Court · 1899
- First National Bank v. United States Encaustic Tile Co.Indiana Supreme Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Grant v. A. B. Leach & Co.Supreme Court of the United States · 1930
- Richardson v. KingSupreme Court of Iowa · 1912
- McFarlane v. CorneliusOregon Supreme Court · 1903
- WM. H. Taylor Finance Corp. v. Oregon Logging & Timber Co.Oregon Supreme Court · 1925
- French v. C. F. & T. Co.Oregon Supreme Court · 1928
4 more not listed; retrieve them via the Exa API.