Hillsborough Grocery Co. v. Ingalls

Citations

• 60 Fla. 105

Syllabus

<p>1. The appointment of receivers is a power exercised by equity courts.</p> <p>2. The property of a foreign corporation within this State is subject to the jurisdiction of the courts of the State.</p> <p>3. A charge of mismanagement or fraud is not essential to the judicial power of a court of chancery to appoint a receiver for a corporation.</p> <p>4. Where the circuit court has jurisdiction of the property of a corporation and due notice is given the corporation of an application for the appointment by the circuit court of a receiver for the property and an opportunity is given for an adversary hearing, an order by the court, sitting as a court of equity, appointing a receiver for the property is not void for want of power in the court to make the order.</p> <p>5. An allegation that the purchase of goods by a receiver was not authorized by the court is a mere conclusion unless it is sustained by other allegations.</p> <p>O. Where a receiver of a corporation is authorized by the order of the court appointing him to operate the property of the corporation in the usual course of business, and as such receiver purchases goods necessary to enable him to do as ordered, and the sale is to him in his capacity as receiver and not personally, and there is no express or implied assumption of personal liability and no fraud or deceit,, such receiver is in general not liable individually for the purchases.</p>