Page:Federal Reporter, 1st Series, Volume 3.djvu/472

 TATLOB V. LIFE ASSOCIATIOM OF AMERIOA. 465 �Taylor V. Life Association OT" America. �{Circuit Court, W. D. Tennessee. August, 1880.) �l. Receiver — Non-Resident — Officbr op roBEi&N State — Partt to Suit— Bond — Non-Kesident Subetibs. — A public offlcer of the state of Missouri was authorized, in his oflacial capacity, to wind up an insolvent corporation located in said state, and doing business in the Btate of Tennessee and some thirty other diSerent states. Such offl- cer was appointed receiver of the corporation by the proper court in Missouri, with instructions to collect the assets of the corporation throughout ail the states, and hold the same for distribution, subject to the instructions of the court. Hdd, that the circuit court for the western district of Tennessee could appoint such oiïicer receiver of the assets of the corporation situated within the state of Tennessee, upon condition that he should pay the funds into the registry of the court, although he had been made a party defendant to a general creditors' bill removed from the state court for the purpose of winding up the corporation under the insolvent laws of the state of Tennessee. Heîd, f urther, that the bond of such receiver was sufflcient, although the sureties were resident in the Btate of Missouri. �In Equity. �Smith e Collier, for plaintiffs. �Wright e Folkes and Carr & Reynolds, for defendants. �Hammond, D. J. Application is made to reconsider the order heretofore entered, appointing the defendant W. S. Eelfe receiver in this case; and objection is taken to his bond because the sureties are non-residents of Tennessee. �The f acts necessary to be stated are that the Life Association of America was a corporation of the state of Missouri, doing business, as was stated at the bar, in 32 of the states of the Union. It became insolvent, -and by statutes of Missouri it became the duty of the defendant W. S. Kelfe, as a public officer appointed by law for the purpose, to wicd it up under the insolvent laws of that state. To this end he commenced the necessary proceedings in the proper court in Missouri; and by its decree, the corporation being declared insolvent, Eelfe was appointed receiver, with instructions to collect the assets everywhere in ail the states, and hold them for distri- bution, as required by law, under the supervision of that court. The corporation was also required, and did, by formai assign- �v.3,no.9— 30 ����