Sibson v. Hamilton & Rourke Co.

Citations

• 21 Wash. 362
• 58 P. 219
• 1899 Wash. LEXIS 292

Syllabus

<p>RECEIVERS — APPOINTMENT IN FORECLOSURE SUIT.</p> <p>In an action to foreclose a mortgage upon an elevator system, the mortgagor, a corporation, is entitled to the appointment of a receiver, where it had turned the system over to the mortgagee, authorizing the latter to operate it and apply the profits to the payment of the mortgage debt, although the mortgagee, in the operation of the business, placed one of the mortgagor’s chief officers in charge thereof, who, by reason of speculation and the adoption of illegitimate business methods, lost money, since such officer was the agent of the mortgagee, even if largely interested in the mortgagor corporation.</p> <p>INJUNCTION — RESTRAINING INSTITUTION OF ACTIONS — EFFECT OF DB-CREE.</p> <p>An injunction prohibiting the complainant in a suit from commencing further suits auxiliary to the main suit does not prevent the complainant from making any defense, or prosecuting any cross action, with reference to the subject matter of the original suit, when subsequently sued by the defendants in that action.</p>