United States ex rel. J. P. Duffy Co. v. George F. Driscoll Co.
United States ex rel. J. P. Duffy Co. v. George F. Driscoll Co.
Opinion of the Court
The suit is under the Heard Act (40 USCA § 270), to recover under a contractor’s bond executed in connection with the construction of the parcel post building in this city. The present petition is by one Read, receiver of Hale & Kilburn Com
But here it is averred that the foreign receiver himself made the contract. He is asking relief, not on a contract made by the insolvent, but on a contract made by himself. He is owner of the chose in action and may enforce it anywhere. Where a foreign receiver has a claim acquired in behalf of his estate by reason of transactions occurring after his appointment, he may sue on it outside the jurisdiction of appointment. A case in point is Chicago Bonding & Surety Co. v. United States, 261 F. 266 (C. C. A. 7). See, also, Cooke v. Town of Orange, 48 Conn. 401; Merchants’ National Bank v. Pennsylvania Steel Co., 57 N. J. Law, 336, 30 A. 545.
The motion for leave to intervene will accordingly be granted.
Reference
- Full Case Name
- UNITED STATES on Behalf of and for the Use of J. P. DUFFY CO. v. GEORGE F. DRISCOLL CO.
- Status
- Published