Goss v. Carter
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Southern District of Texas. This is an action brought by Charles A. Goss, a citizen of the state of Nebraska, against O. M. Carter, a citizen of the state of Texas., The plaintiff sued as receiver and trustee to recover from the defendant the amount of an assessment of 25.9 per cent, levied by the District Court of the Fourth Ju-diclai District oí the state of Nebraska upon $101,900 of stock alleged to be owned by…
Read the full summary
In Error to the Circuit Court of the United States for the Southern District of Texas. This is an action brought by Charles A. Goss, a citizen of the state of Nebraska, against O. M. Carter, a citizen of the state of Texas., The plaintiff sued as receiver and trustee to recover from the defendant the amount of an assessment of 25.9 per cent, levied by the District Court of the Fourth Ju-diclai District oí the state of Nebraska upon $101,900 of stock alleged to be owned by the defendant in the American Loan & Trust Company, an insolvent bank organized under tho Constitution and laws of…
1Opinion of the CourtShelby, Circuit Judge
(after stating the facts as above). The decision which we have determined to make in this case we think is sustained, if not required, by the opinion of the Supreme Court in Bernheimier v. Converse (decided May 27, 1907) 206 U. S. 516, 27 Sup. Ct. 755, 51 L. Ed. 1163, after the learned trial judge had sustained the demurrer to the petition.
1. It is held by the Supreme Court in Booth v. Clark, 17 How. 322, 15 L. Ed. 164, and in later cases, that a chancery receiver, having no other authority than that which arises from his appointment, cannot maintain an action in another jurisdiction. It is…
2Cases cited15 opinions
- Sanger v. UptonSupreme Court of the United States · 1875
- Booth v. ClarkSupreme Court of the United States · 1855
- Hawkins v. GlennSupreme Court of the United States · 1889
- Bernheimer v. ConverseSupreme Court of the United States · 1907
- Howarth v. LombardMassachusetts Supreme Judicial Court · 1900
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Bodie v. PollockNebraska Supreme Court · 1923
- In re Newfoundland SyndicateDistrict Court, D. New Jersey · 1912
- Holmberg v. CarrCourt of Appeals for the Second Circuit · 1936
- Irvine v. ElliottDistrict Court, D. Delaware · 1913
- Hall v. BallardCourt of Appeals for the Fourth Circuit · 1937
15 more not listed; retrieve them via the Exa API.