Chandler v. Siddle
U.S. Circuit Court for the District of Iowa
Action at law. The plaintiff alleges that he is the receiver of the Lamar Insurance Company, of Illinois, appointed by a court of chancery, in Chicago, in a suit in which two persons who are named were plaintiffs, and the said insurance company was defendant—the exact nature of which does not appear. It is alleged that the said company had, before said suit in Illinois was brought, become insolvent and ceased to do business.
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Action at law. The plaintiff alleges that he is the receiver of the Lamar Insurance Company, of Illinois, appointed by a court of chancery, in Chicago, in a suit in which two persons who are named were plaintiffs, and the said insurance company was defendant—the exact nature of which does not appear. It is alleged that the said company had, before said suit in Illinois was brought, become insolvent and ceased to do business. The petition herein also alleges that on August 15, 1873, the said court of chancery in said cause made an order as follows: “And the said receiver is hereby authorized…
1Opinion of the Court
MILLER, Circuit Justice,
orally delivered the opinion of the court, holding: • 1. That proceedings in bankruptcy are not an exclusive method of winding up insolvent corporations or companies. The bankrupt act does not, ipso facto, suspend state laws for the collection of debts. The act of congress of February 13, 1S73 (17 Stat 436), is a complete answer to the position that the sole remedy against an insolvent insurance company is in the bankruptcy court.
2. It is, perhaps, true, that where duly appointed and authorized, a receiver may, ordinarily, sue in another state. This power, when it…
2Cited by6 opinions
- Boulware v. DavisSupreme Court of Alabama · 1890
- Patterson v. LyndeIllinois Supreme Court · 1884
- Lewis v. American Naval Stores Co.U.S. Circuit Court for the District of Eastern Louisiana · 1902
- Grogan v. EgbertWest Virginia Supreme Court · 1897
- Holmes v. SherwoodUnited States Circuit Court · 1881
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