Chicago, Milwaukee & St. Paul Railway Co v. Keokuk Northern Line Packet Co.

Citations

• 108 Ill. 317
• 1884 Ill. LEXIS 1479

Syllabus

<p>1. Receiver—extent of his authority—right of foreign receiver to remove property out of this State. The powers of a receiver are cogxtensive only with the jurisdiction of the court appointing him, and a foreign receiver will not he permitted, as against the claims of creditors resident in this State, to remove from this State the assets of the debtor, it being the policy of every government to retain in its own hands the property of the debtor until all domestic claims against it have been satisfied.</p> <p>2. But where a receiver has once obtained rightful possession of personal property situate within the jurisdiction of his appointment, which he was appointed to take charge of, he will not be deprived of its possession though he takes it, in the performance of his duty, into a foreign jurisdiction. While there it can not be taken from his possession by creditors of the insolvent debtor who reside within such jurisdiction.</p> <p>3. - Same—when he has a special property in the goods of the debtor, which he may protect. Where a receiver takes possession of a barge within the jurisdiction of the court appointing him, as the property of the insolvent debtor, he becomes invested with a special property in it, like that of a sheriff On a valid levy, and he may protect this special property while it continues, by action, in like manner as if he were the absolute owner.</p> <p>é. Same—property in the thing not lost or abandoned by suffering it to be taken out of the State. Where a packet company, whose business it was to run boats on the Mississippi river, was adjudged insolvent by the proper court, in St. Louis, in the State of Missouri, and a receiver appointed to manage the affairs of the corporation, and he took po'ssession of a barge ■ of the corporation in St. Louis, and chartered the same to a steamboat, tinder which it was taken up the rivér to Quincy, in this State, where it was detained by ice, and the captain in charge of the same gave it up to the receiver