Morlan
Morlan v. Lucey Mfg. Corp.
Opinion
Lead Opinion
Sheppard, J.
The plaintiff, as assignee of approximately $215,000 of claims of California creditors of the Lueey Manufacturing Company, a New York corporation, brought this action in the -superior court of California in the ordinary form of assumpsit with ancillary attachment. Levy and garnishment thereunder wore made of defendant’s assets in California, under Code Cal. § 537.
Defendant removed tho ease to this jurisdiction in due course, and answered, after denying the validity of the assignments as to part of the cause of action, that defendant company was in receivership by appointment of the United States District Court for tho Southern District of New York on a creditor’s bill, to which defendant, by its answer there, bad assented; that said receivers were invested since August, 1923, with tho custody and control of tho property and assets of defendant, of every kind, wheresoever situate, said order appointing the receivers carrying the usual injunction against interference; that several of the claims comprising plaintiff’s cause of action had before been assigned to a creditors’ committee of New York, organized after receivership to preserve tho assets and to work out a reorganization…