Russell v. Post

The plaintiff here, plaintiff below, is the receiver of the American National Life & Trust Company of New Haven. This action, originally commenced in the supreme court of the city and county of New York, and thence removed to the circuit court for the southern district of New York, is one to recover damages resulting from certain alleged fraudulent acts by the defendant Post, who alone answered, in conjunction with other parties, by which a large quantity of valuable assets were abstracted from the possession of the American National Life & Trust Company, and wholly lost to it. The company was an insurance company, organized under the laws of the state of Connecticut. Proceedings were duly instituted for winding up its affairs and annulling its charter, and under these proceedings the plaintiff was appointed receiver, and authorized to maintain this action. This appointment was made on November 8, 1878. Some time before his appointment a large bulk of the assets of the corporation were transferred to the National Capital Insurance Company of Washington, D. C., and wholly lost to the Connecticut corporation, as well as to the parties having policies in such company.

S. E. Baldwin and T. H. Russell, for plaintiff in error.

L. Laflin Kellogg and ''Wm. G. Choate'', for defendant in error.

Mr. Justice BREWER, after stating the facts as above, delivered the opinion of the court.