Harland v. Bankers' & Merchants' Tel. Co.
U.S. Circuit Court for the District of Southern New York
In Equity. Bill by Edward Harland, receiver pendente lile of the American Rapid Telegraph Company, for the possession and control of certain property in the hands of the receivers of the Bankers’ & Merchants’ Telegraph Company, to establish a lien upon certain stock pledged or mortgaged to the Farmers’ Loan & Trust Company, and for other relief. This bill, at a former hearing, was dismissed without prejudice to the complainant to bring such other suit as he might he advised.
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In Equity. Bill by Edward Harland, receiver pendente lile of the American Rapid Telegraph Company, for the possession and control of certain property in the hands of the receivers of the Bankers’ & Merchants’ Telegraph Company, to establish a lien upon certain stock pledged or mortgaged to the Farmers’ Loan & Trust Company, and for other relief. This bill, at a former hearing, was dismissed without prejudice to the complainant to bring such other suit as he might he advised. For former opinion rendered by Wallace, J., and facts therein stated, see 32 Fed. Rep. 305.
1Opinion of the CourtWallace, J.
The case of Davis v. Gray, 16 Wall. 203, is authority to the effect that a, court of equity, in the course of its ordinary jnrisdietion, such as is exercised in a suit for the foreclosure of a mortgage, can confer upon a receiver all the powers and rights usually vested ill statutory receivers of insolvent corporations; and that a receiver so appointed can maintain an action in his own name, and can enforce any right of property, legal or equitable, which is within the authority conferred upon him by the terms of the decree or order by which he was appointed! The order appointing the receiver…
2Cases cited3 opinions
- Davis v. GraySupreme Court of the United States · 1873
- Bank of Orleans v. FlaggNew York Court of Chancery · 1848
- In re Hollister BankNew York Court of Appeals · 1861
3Cited by1 opinion
- Brookfield v. HeckerU.S. Circuit Court for the District of Southern New York · 1902