Choctaw Coal & Mining Co. v. Williams-Echols Dry Goods Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Eort Smith District. Styles T. Rowe, Judge. On principles of comity a receiver appointed in one State may take charge of property of the estate in another State, or institute suits therefor in the courts of another State. 38 Oh. St. 174; 41 N. J. Law, 1; 65 Me. 297; Gluck & Becker, Rec. Corp. 43. When the garnishment was served, the bank no longer owed the Choctaw Coal & Mining Company any sum of money.
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Appeal from Sebastian Circuit Court, Eort Smith District. Styles T. Rowe, Judge. On principles of comity a receiver appointed in one State may take charge of property of the estate in another State, or institute suits therefor in the courts of another State. 38 Oh. St. 174; 41 N. J. Law, 1; 65 Me. 297; Gluck & Becker, Rec. Corp. 43. When the garnishment was served, the bank no longer owed the Choctaw Coal & Mining Company any sum of money. The money was then the property of the receiver, and the bank should have so answered, x Morse, Banks & Banking, §311. It was not necessary to the transfer…
1Opinion of the CourtBattrE, J.
The question for decision in this case arises upon the following facts:
The Choctaw Coal & Mining Company, a nonresident of this State, and a foreign corporation, conveyed to the Fidelity Trust Company all of its property of every character and description,^ wherever situated, in trust to secure a bonded indebtedness of $150,000. The Mining Company, becoming insolvent, failed to comply with the conditions of the deed, and the holders of the indebtedness brought suit against it in the United States Court for the Central District of the Indian Territory to foreclose the deed of trust. David H.…
2Cases cited5 opinions
- Willitts v. . WaiteNew York Court of Appeals · 1862
- Gilman v. KetchamWisconsin Supreme Court · 1893
- Smead v. ChandlerSupreme Court of Arkansas · 1903
- Runk v. St. JohnNew York Supreme Court · 1859
- Hunt v. Columbian Ins.Supreme Judicial Court of Maine · 1867
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