Lewis v. Clark
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Central Division of the District of Idaho. This is a suit brought by M. C. Clark, as receiver of the American Savings & Loan Association, formerly the American Building & Loan Association, to foreclose a bond and mortgage given by Isaac I. Lewis and his wife on property in the state of Idaho to the said American Building & Loan Association.
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Appeal from the Circuit Court of the United States for the Central Division of the District of Idaho. This is a suit brought by M. C. Clark, as receiver of the American Savings & Loan Association, formerly the American Building & Loan Association, to foreclose a bond and mortgage given by Isaac I. Lewis and his wife on property in the state of Idaho to the said American Building & Loan Association. This association is a corporation organized under the laws of the state of Minnesota. Lewis and his wife are citizens of the state of Idaho. In May, 1889, Lewis made application to the association…
1Opinion of the CourtHawley, District Judge
*572It is contended by appellants that the complainant, Clark, as receiver of the Wisconsin court, has no standing in the court in Idaho, and should not have been permitted to maintain this suit, because he is a foreign receiver, and does not represent the association, its officers, membership, or interests; that the only interests which he represents are antagonistic to the whole membership of the association, opposed to the citizens of Idaho, and against the public policy of that state.
It is true that Clark is not the general receiver of the association. He was appointed by the court in…
2Cases cited23 opinions
- Cole v. CunninghamSupreme Court of the United States · 1890
- Relfe v. RundleSupreme Court of the United States · 1881
- Guerney v. MooreSupreme Court of Missouri · 1895
- Reynolds v. AddenSupreme Court of the United States · 1890
- Hancock National Bank v. EllisMassachusetts Supreme Judicial Court · 1898
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3Cited by5 opinions
- Farmers' & Merchants' Bank of Phœnix v. Arizona Mut. Savings & Loan Ass'nCourt of Appeals for the Ninth Circuit · 1915
- Clarkson Co. v. Rockwell International Corp.District Court, N.D. California · 1977
- Bluefields S. S. Co. v. SteeleCourt of Appeals for the Third Circuit · 1911
- Washington National Building & Loan Ass'n v. PiferCourt of Appeals for the D.C. Circuit · 1908
- Oakes v. LakeCourt of Appeals for the Ninth Circuit · 1933