Page:Federal Reporter, 1st Series, Volume 4.djvu/890

 ^aJG, FEDERAL REPORTER. ■ . ■ �the hands of a receiver as having equities supeiior to those of bondholders. If such claims as are here in question could be allowed, there would seem hardly to be a limit to the allow- ance of demands which it might be as forcibly urged were superior in their equities to those of the secured creditors, but ■which could not be allowed upon any sound prineiple of equity, nor without substantially impairing and perhaps destroying an otherwise valuable security. �The demurrer to such parts of the petitions as state causes of action against the railroad company accruing prior to the appointment of the receiver, is sustained. And it is not im- proper.to add that this ruUng is supported by the practice of the learned circuit judge of this circuit, who has uniformly .disallowed claims against a receiver of the character of these. ���Mbrchants' Nat. Bank v. Thompson. �(Circuit Court, D. MaseachusetU^ Dccember- 22, 1880.) �1. Removal— AcT OP 1875, § 2.— Suit was broi^ght by the Merchants' �National Bank of Boston to foredose tiie equity of redemption of the defendant, Edward Thompson, of Charlestown, New Hampshire, in flve shares of trust property held by the plaintiff as collateral security for the payment of the defendant's bond. The defendant averred in his ahswer that he had sold bne of the shares to Henry M. Clarke, of Boston. The plaintiff thereUpon amended its bill, and made Clarke a party defendant, who subsequeatly entered an appear- ance. Eeld, that such cause could not be removed under the second clause of section 2 of the act of 1875. �2, Bame— JuRisDiCTiON— Phoop. — Hdd, furfher, that it would be pre- �sumed that Clarke was a citizen of Massachusetts, in the absence of any proof to the contrary. �In Equity. �Russell Graji, for plaintiff, �Jabez Fox, for defendant Thompson. �LowBLL, C. J. This is a motion to dismiss or remand. The Marchants' National Bank of Boston brought a bill in equity in the supreme judicial court of Massachusetts to foreclose ����