In re Kalb & Berger Mfg. Co.

Citations

• 165 F. 895
• 91 C.C.A. 573
• 1908 U.S. App. LEXIS 4815

Syllabus

<p>1. Receivers (§ 95*) — Contracts—Personal Liability.</p> <p>A receiver who contracts beyond his powers makes himself individually liable.</p> <p>[Ed. Note. — For oilier eases, see Receivers, Cent. Dig. § 174; Dee. Dig. § 95.*]</p> <p>2. Bankruptcy (§ 115*) — Federal Courts^-Actions Against Receiver-Stay.</p> <p>A court of bankruptcy is without power to stay an action in a state court against its receiver, to charge him with personal liability, although based on acts done or contracts made by him as receiver.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 115.* J</p> <p>3. Bankruptcy (§ 315*) — Actions Against Receiver — Leave op Court to Sue.</p> <p>Act March 3. 3887, c. 373. § 2, 24 Stat 554, and Act Aug. 13, 1888, c. 866, § 2, 25 Stat. 436 (U. S. Comp. St 1901, p. 582). which authorizes a receiver appointed by a federal court to be sued ‘without previous leave of such court “in respect of any act or transaction of his in carrying on the business connected with” the property in his charge, applies to receivers in bankruptcy, but does not authorize a suit without leave against such a receiver unless he is carrying on the business of the bankrupt, or in respect to his acts relating merely to the care and preservation of the property of the estate.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 115.*]</p>