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On Receivers in Equity and Under the New York Code of Procedure: With Precedents
On Receivers in Equity and Under the New York Code of Procedure With Precedents Author:Charles Edwards, William Shakespeare General Books publication date: 2009 Original publication date: 1857 Original Publisher: John S. Voorhies Subjects: Receivers Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-B... more »ooks.com where you can select from more than a million books for free. Excerpt: CHAPTER III. WHO CANNOT OR OUGHT NOT TO BE RECEIVERS. OFFICERS ACTING TINDER THE UNITED STATES. ATTORNEYS OR SOLICITORS INTERESTED ; AND, ATTORNEYS AND SOLICITORS GENERALLY. PROCHEIN AMI. OFFI- CEK8 OP A CORPORATION ACTING OUT OF THEIR CHARTER, ETC. MORTGAGEE. MEMBER OF THE LEGISLATURE. TRUSTEE. A PARTY IN THE CAUSE. Officers acting under the United States. From the principle involved in the English case of The Attorney-General v. Day, 2 Madd. C. R 246, where it was decided that a receiver-general of a county could not be a receiver in a cause, it is believed that no officer of the United States, who has given bond for the performance of his office and whose property, in case of malfeasance, could be swept from under him .(by the United States having a preference), would be a fit subject for the situation of receiver. However, the question has never come before our courts. A Master in Chancery. If one master might be a receiver, then every other master could. They would have to pass each other's accounts. Upon the fair influence that the character of one master, in matters of account, would have upon the mind and judgment of another master, the conclusion must be that, by the appointment of them as receivers, a situation in which third persons are to enter into conflict with them, suitors never could obtain a satisfactory administration of justice. Though private persons may put them in the character of executors, the property of suitors is not, by the judgment of a court of chancery, to be put into the hands of its officers. That princip...« less