Legal Opinion

Haines v. Buckeye Wheel Co.

Court of Appeals for the Sixth Circuit

Decided July 20, 1915No. 2746PublishedCited by 13 opinions

Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Intervening petition by the Buckeye Wheel Company and others against H. H. Haines, receiver of the New Decatur Buggy Company, in which the First National Bank of Middletown, Ohio, made a motion. From a judgment for petitioners, the receiver appeals.

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Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Intervening petition by the Buckeye Wheel Company and others against H. H. Haines, receiver of the New Decatur Buggy Company, in which the First National Bank of Middletown, Ohio, made a motion. From a judgment for petitioners, the receiver appeals. On June 25, 1907, appellant was appointed receiver of the New Decatur Buggy Company, a corporation, by a decree made and entered by the lower court in the case of Harry W. Quackenbush v. Harry H. Elwood et al.…

1Opinion of the CourtSessions, District Judge

(after stating the facts as above). [1] Was the receiver authorized to purchase goods and merchandise on credit and thereby to incur indebtedness in excess of $5,000 expressly authorized by the orders of the court? This is the controlling question in the case, and the answer thereto will make the solution of the other problems either easy or unnecessary. All parties concede that the authority of the receiver must be found in the orders of the court or it did not exist. The receiver contends that the court’s order directing him to “continue the" business” impliedly conferred upon him the power…

2Cases cited7 opinions

  1. Cake v. MohunSupreme Court of the United States · 1896
  2. Gutterson & Gould v. Lebanon Iron & Steel Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1907
  3. State Central Savings Bank v. Fanning Ball-Bearing Chain Co.Supreme Court of Iowa · 1902
  4. State ex rel. Pope v. Germania BankSupreme Court of Minnesota · 1908
  5. Kirker v. OwingsCourt of Appeals for the Sixth Circuit · 1899

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. H. Davis v. Lifetime Capital, Inc.Court of Appeals for the Sixth Circuit · 2014
  2. In re VelerCourt of Appeals for the Sixth Circuit · 1918
  3. Rhinehart v. Victor Talking Mach. Co.District Court, D. New Jersey · 1917
  4. Parker v. New England Oil CorporationDistrict Court, D. Massachusetts · 1926
  5. Byrnes v. Missouri Nat. BankCourt of Appeals for the Eighth Circuit · 1925

8 more not listed; retrieve them via the Exa API.

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