Stockbridge v. Beckwith
Court of Chancery of Delaware
Bill for an injunction. The Chancellor :—The Duffy Malt Whiskey Company of Baltimore City is a corporation created under the laws of the State of Maryland.
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Bill for an injunction. The Chancellor :—The Duffy Malt Whiskey Company of Baltimore City is a corporation created under the laws of the State of Maryland. At a session of the Circuit Court of Baltimore City, held on the 12th day of Hovember, 1886, Henry Stockbridge, the complainant in this "cause, was appointed receiver of said corporation, with power and authority to. take charge and possession of the goods, wares, and merchandise,, books, papers, and effects of or belonging to the said corporation, and to collect the outstanding debts due to-it. Hathan B. Danforth, of the city of…
1Opinion of the Court
The Chancellor.
This case must be governed by that of Booth v. Clark, 58 U. S. 17 How. 324, 15 L. ed. 164, and the reasoning of Wayne, J., who delivered the opinion in that case.
A receiver is an officer of the court appointing him. He is appointed for the benefit of all parties who may establish rights in the cause. The money in his hands is in custodia legis for whoever can make out a title to it. It is the court itself which has the care of the property in dispute.
The receiver is but the creature of the court. He has no powers except such as are conferred upon him by the. order of his…
2Cases cited1 opinion
- James Udall, Libellant and v. The Steam-Ship Ohio, Her Tackle, &C., Marshall O. Roberts and OthersSupreme Court of the United States · 1855
3Cited by5 opinions
- Holbrook v. Industrial Tractor & Equipment Co.Court of Appeals of Maryland · 1935
- Jersawit v. BanningSuperior Court of Delaware · 1922
- Oliver v. BullockCourt of Appeals of Georgia · 1922
- Bullock v. OliverSupreme Court of Georgia · 1923
- E. F. Kirwan Manufacturing Co. v. TruxtonSuperior Court of Delaware · 1899