Page images
PDF
EPUB

Maine, and another copy addressed to the same corporation at Boston, Massachusetts, shall be sufficient; said papers to be mailed on this day. Dated New York, March 29th, 1905.

"E. HENRY LACOMBE,''
U. S. Circuit Judge.

FORM XLVII.-ORDER APPOINTING RECEIVER AT FOOT OF

DECREE.

At a stated term of the [District] Court of the United
States for the Southern District of New York, held
in the Post Office Building, in the City, County and
State of New York on the 7th day of April, 1905.

Present: Honorable E. HENRY LACOMBE,

United States Circuit Judge.

CHRISTIAN DANCEL and MARY DANCEL as Administrators of the Goods, Chattels and Credits of CHRISTIAN DANCEL, deceased,

against

GOODYEAR SHOE MACHINERY COMPANY of
Portland, Maine.

In equity.

On the petition of Christian Dancel and Mary Dancel, Administrators of the goods, chattels and credits of Christian Dancel, deceased, sworn to March 18th, 1905, filed in this Court on the 29th day of March, 1905; and the two affidavits of Christian Dancel thereto annexed sworn to March 28th, 1905; and filed with said petition; and upon the decree, judgment roll, testimony, evidence, pleadings, petition and bond upon removal, executions and returns of the same by the Marshals of the United States thereupon indorsed and made; and all the proceedings in the above entitled suit; and upon the Order to show cause why a Receiver of the defendant above named should not be appointed; and by an injunction should not be issued against said defendant as prayed for in said petition; and upon reading and filing the affidavit of Edward T. Bruner, sworn to April 6, 1905; and the receipts for registered letters containing copies of said petition and Order to show cause thereto annexed; after hearing Roger Foster, Esq. of counsel for the above named complainants and petitioners; it appearing that the said Order to show cause and said petition have been duly served on March 29, 1905, on Edwards H. Childs, Esq. Solicitor for said defendant at his office number 59 Wall Street, New York; and also by mail upon the above named defendant at its office in Portland, Maine and at its office in Boston, Massachusetts; on motion of J. Philip Berg, Attorney and Solicitor for the above named complainants and petitioners; IT IS HEREBY ORDERED AND I HEREBY ORDER: that Robert C. Beatty, Esq., be and he hereby is appointed Receiver of all the property and assets of the

United Shoe Machinery Company of Maine, otherwise known as the Goodyear Shoe Machinery Company of Portland, Maine, with all the authority usually granted to Receivers, to retain counsel, to sue, to collect all such assets; and to take possession of all such property; and hold the same subject to the further Order of this Court. That said Receiver qualify by filing in the Clerk's office of this Court a bond in the penal sum of $1,000.00 conditioned for the faithful performance of his duties as such Receiver; and shall report specially to this Court whenever any property or assets may come to his hands in order that, if necessary, the amount of such bond may be increased; that until the further Order of this Court the said United Shoe Machinery Company of Maine otherwise known as the Goodyear Shoe Machinery Company of Portland, and its officers, agents, assigns, employees and attorneys be and the same hereby are enjoined, restrained and stayed from transferring and from interfering with, and forbidden to transfer and interfere with any of the property and any of the assets which it now owns and which it owned at any time during the year 1900; and the same is and are enjoined, stayed and restrained from collecting and forbidden to collect any moneys which are due to said corporation and which are due to any one because of the use of any of such property. April 8, 1905. E. HENRY LACOMBE,

U. S. Circuit Court,
filed

April 8th, 1905,

Southern District of New York

John A. Shields, Clerk.

U. S. C. J.

FORM XLVIII.-ORDER APPOINTING RECEIVERS OF STREET

RAILWAY COMPANY.

[Re Metropolitan Railway Receivership, 208 U. S. 90.]

In the [District] Court of the United States, for the Southern District of New York.

THE PENNSYLVANIA STEEL COMPANY AND

THE DEGNON CONTRACTING COMPANY,
Complainants,

against

In Equity.

NEW YORK CITY RAILWAY COMPANY, De

fendant.

And now on this 24th day of September, 1907, this cause came on to be heard upon the bill of complaint and on the answer of the defendant thereto this day filed, upon motion for the appointment of a Receiver,

and after hearing James Byrne for complainants and James L. Quackenbush for the defendant, and after due deliberation.

It was ordered, adjudged and decreed, that Adrian H. Joline, Esq., and Douglas Robinson, Esq., both of the City of New York, be and they hereby are appointed temporary Receivers of the defendant, New York Railway Company, and of all the property of the said defendant, real, personal and mixed of whatsoever kind and description and wheresoever situated, including all railroads, owned, leased or operated by said defendant, all tracks, terminal facilities, offices, shops, and all buildings and appurtenances of every kind, all cars and other rolling stock and equipment, tools, machinery, furniture, fixtures, materials and supplies, books of account, records and other books, papers and accounts, cash in bank, on deposit and in hand, money, debts, things in action, credits, stocks, bonds, securities, deeds, leases, contracts, muniments of title, bills receivable, rents, issues, profits and income accruing and to accrue as well as all interest, easements, privileges and franchises and all assets of every kind; that the said receivers be, and they hereby are, authorized immediately to take possession of the same and to run, manage and operate the said railroads and properties in such manner as will in their judgment produce most satisfactory results so that the operation of the railroad system of the defendant shall be continued in the same manner as at present and the public duties obligatory upon the defendant be in all respects discharged, and to exercise the authority and franchises of defendant and discharge its public duties and to preserve and protect its said system in proper condition and repair and protect the title and possession and secure and develop the business of the same, and in their discretion to employ and discharge and fix the compensation of all officers, attorneys, managers, superintendents, agents and employees, and to make such payments and disbursements as may be needful and proper in so doing; that the said Receivers be and they hereby are, authorized to collect the rents, income, tolls and profits of the said railroads and property, and to make appropriate payments there from on account of accruing rents and other necessary charges, and they shall have power to redeem any and all securities of the defendant now pledged as security on loans of money, and shall have power to borrow money if needful in their judgment in order to comply with this direction, and also, so far as may be needful to pay off current necessities for labor and supplies, but for no other purpose without the further order of this Court; and the said Receivers are hereby fully authorized and empowered to institute and prosecute all such suits as may be necessary in their judgment for the proper protection of the property and trust hereby imposed in them and likewise to defend all actions instituted against them as Receivers, and also to appear in and conduct the prosecution or defense of any suits now pending in any court against the defendant, the prosecution and defense of which will in the judgment of said receivers be necessary for the proper protection of the property placed in their charge, or the interests and rights of creditors connected

therewith; and the said Receivers are hereby authorized in their discretion from time to time, out of the funds coming into their hands, to pay the expenses of operating the said properties and executing their trusts, and all taxes and assessments upon the said properties or any part thereof, and all such rentals and instalments as may fall or become due for the use of any portion of said railroads and other property; and also to pay and discharge all claims arising from the previous operation of said properties as in their judgment on examination are proper to be paid as expenses of operation and the current and unpaid payrolls and vouchers and supply accounts incurred in the operation of said railroad system at any time within four months prior hereto. The said Receivers are hereby required to open proper books of account wherein shall be stated the earnings, expenses, receipts and disbursements of their said trust, and preserve proper vouchers for all payments by them made on account thereof. And it is further ordered, that the bond of each of the said Receivers in the sum of Two hundred and fifty thousand dollars, conditioned that he will well and truly perform the duties of his office and duly account for all moneys or property which may come into his hands and abide by and perform all things which he shall be directed to do, with sufficient sureties, to be approved of by a judge of this court, be forthwith filed in the office of the Clerk of this Court;

And it is further ordered that each and every of the officers, directors, agents and employees of the defendant, said New York City Railway Company, and all other persons whomsoever, be and they are hereby required and commanded forthwith, upon demand of the said Receivers or their duly authorized agent, to turn over and deliver to said Receiver or their duly constituted representative, any and all books of account, vouchers, papers, deeds, leases, contracts, bills, notes, accounts, moneys or other property in his or in their hands or under his or their control, and each of said directors, officers, agents and employees is hereby commanded and required to obey and perform such orders as may be given to them from time to time by the said Receivers or their duly constituted representative, in conducting the operation of the said system and in discharging their duties as Receivers.

And the defendant, said New York City Railway Company and its officers, directors, agents and employees, and all other persons claiming to act by, through or under the defendant and all other persons whomsoever are hereby enjoined from interfering in any way whatever with the possession or management of any part of the property over which the Receivers are hereby appointed or interfering in any way to prevent the discharge of their duties or their operating the same, and any party in interest may apply for further direction.

And it is further ordered that the parties hereto show cause before this Court at the United States Post Office Building in the City of New York on the 7th day of October, 1907, at two o'clock in the afternoon why the said receivership should not be continued during the pendency of this

suit and upon the hearing thereon any other creditor of the defendant or other party in interest may be heard.

Dated New York, September 24, 1907.

E. HENRY LACOMBE, United States Circuit Judge.

*The word, officers, was subsequently stricken from the order. This appointment was approved in Re Metropolitan Railway Receivership, 208 U. S. 90.

FORM XLIX.-ORDER APPOINTING ANCILLARY RECEIVER. At a stated term of the [District] Court of the United States for the Southern District of New York, held at the General Post Office, in the City, County and State of New York, on the 9th day of May, 1905. Present: Hon. E. HENRY LACOMBE, United States Circuit Judge.

RIDGEWAY BOWKER,

V8.

HAIGHT AND FREESE COMPANY and others.

In Equity.

On reading and filing the bill in equity herein, sworn to May 9th, 1905, and the affidavits of Ridgeway Bowker and John M. Warwick, sworn to May 9th, 1905, and the affidavit of Arthur M. Johnson, sworn to May 8th, 1905, and on reading and filing a certified copy of the decree of the [District] Court of the United States for the District of Massachusetts, appointing James D. Colt receiver of the above named defendant, Haight and Freese Company, and it appearing that the said receiver has duly qualified in said [District] Court of the United States for the District of Massachusetts.

Now, on motion of William P. Maloney, Esq., solicitor for complainant, Roger Foster, Esq., of counsel for James D. Colt, said receiver, appointed as aforesaid by the [District] Court of the United States, District of Massachusetts as aforesaid, of the defendant, Haight and Freese Company, appearing on behalf of the said receiver, and admitting and confessing the allegations in said bill, and consenting to this order and decree on behalf of said defendant, Haight & Freese Company, it is

Ordered, adjudged and decreed, and I hereby order that James D. Colt, of Boston, Massachusetts, and Walter D. Edmonds, Esq., of New York City, be and they hereby are appointed receivers both original and as ancillary to said decree of the [District] Court of the United States for the District of Massachusetts, to receive, collect, and take possession of all the property of said defendant, Haight & Freese Company, including all the assets, choses in action, accounts, books of account, correspondence, papers and memoranda, whether in possession of the said defendant, Haight and Freese Company, or of any other person acting in behalf of said defendant, and hold the same awaiting the further order of this Court, provided that said receivers shall take no action until they shall file a bond

« PreviousContinue »