Armstrong v. Carmen Centrale
Armstrong v. Carmen Centrale
Opinion of the Court
delivered the following opinion:
The importance of the question raised is fully appreciated, and the opinion of the court is to this effect: The order granted
The purport of the present application, as I understand it, is simply to enlarge the time within which a sum, not exceeding the amount heretofore authorized, may be borrowed and applied. That commends itself to the court, and I do not see how I can refuse the application without appearing to be inconsistent or vacillating or changing my mind as to the situation, as to which I have not made any change at all. I think any change at this time might tend to embarrass negotiations. If the court does not appear to know its mind, people dealing with property under the supervision of the court will not know how to act. For that reason the application will be granted.
I would prefer, Mr. Banigan, if you would draw the order in a different form. I do not doubt that you have it substantially correct, or exactly correct, but it would compel the court to compare one order with the other. Express it that the time within which to borrow the sum heretofore authorized in the order of July 1, 1913, is hereby extended to October 11, 1913, the amount and all other provisions remaining the same as in the order granted on that date.
The ground of this receivership is simply that of preservar
So this order will be granted, drawn in the shape that I suggested. At the same time I would be glad if any creditor would understand, that, if there is any ground of complaint against the receivers, or if they do not seem to be adopting any consistent plan for the operation of the property, they are not doing their duty. The court would be very glad to have such a situation called to its attention, and the court would be glad to have any suggestion as to how the receivers should act. Of course, the judge, because sitting here, and because he happens to have on a gown, does not know much more about the operation of a sugar central that he did before he came here; but there is a way of getting at that information. So far as appears, there is no reflection upon the receivers in this case.
Reference
- Full Case Name
- FREDERICK S. ARMSTRONG v. THE CARMEN CENTRALE
- Status
- Published