Schoenwald v. McDonald
District Court, D. Alaska
The complaint alleges in substance as follows: Appointment September 16, 1914, by a Washington court, of S. T. Hills and E. Schoenwald as receivers of the Pacific Coast & Norway Packing Company, a Minnesota corporation; general assignment October 26, 1914, by said company to said Schoenwald and Hills, as receivers and assignees, of all the company’s property in the territory of Alaska (including the gasoline boat Bernice), “voluntarily and of its own free will and accord,”…
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The complaint alleges in substance as follows: Appointment September 16, 1914, by a Washington court, of S. T. Hills and E. Schoenwald as receivers of the Pacific Coast & Norway Packing Company, a Minnesota corporation; general assignment October 26, 1914, by said company to said Schoenwald and Hills, as receivers and assignees, of all the company’s property in the territory of Alaska (including the gasoline boat Bernice), “voluntarily and of its own free will and accord,” which said boat was and always (so far as material to this case) had been in the First Division of Alaska, qualification…
1Opinion of the Court
JENNINGS, District Judge.
It will thus be seen that the contest is as to the superiority of right between a foreign receiver and assignee in possession of the debtor’s property in this territory, and a local creditor attaching said property in the courts of this territory subsequent to the said appointment of said receiver assignee.
Plaintiffs’ position substantially,.is this:(1) That by comity they have a standing in this court;(2) That by virtue of being assignees and vested with the title, they have a standing in this court.
Defendant controverts both contentions.
1. As to comity: It might be…
2Cases cited44 opinions
- Booth v. ClarkSupreme Court of the United States · 1855
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Wyman v. HalsteadSupreme Court of the United States · 1884
- Mayer v. HellmanSupreme Court of the United States · 1876
- Warner v. . JaffrayNew York Court of Appeals · 1884
39 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Alwart Bros. Coal Co. v. Pittsburgh Fire Insurance Co. of PittsburghAppellate Court of Illinois · 1929