Legal Opinion

Moriarty v. Kent

Indiana Supreme Court

Decided November 15, 1880No. 7004PublishedCited by 5 opinions

From the Clinton Circuit Court.

1Opinion of the CourtElliott, J.

This case turns upon the question, whether the receiver of an insolvent corporation has any authority to sue in his own name upon promissory notes executed to the corporation, in cases where there is no authority conferred by statute or by the judgment of a court of competent jurisdiction. The question is answered in the negative in the case of Garner v. Kent, 70 Ind. 428. The decision in the case referred to is in full harmony with the current weight of authority.

Judgment reversed, at costs of appellee.

2Cases cited1 opinion

  1. Garver v. KentIndiana Supreme Court · 1880

3Cited by5 opinions

  1. Fort Payne Coal & Iron Co. v. WebsterMassachusetts Supreme Judicial Court · 1895
  2. Keen v. BreckenridgeIndiana Supreme Court · 1884
  3. Wayne Pike Co. v. State ex rel. WhitakerIndiana Supreme Court · 1893
  4. Davis v. Ladoga Creamery Co.Indiana Supreme Court · 1891
  5. Rhodes v. HilligossIndiana Court of Appeals · 1896