Moriarty v. Kent

Indiana Supreme Court

Moriarty v. Kent

71 Ind. 601

CourtIndiana Supreme Court

DecidedNovember 15, 1880

DocketNo. 7004

StatusPublished

Cited by5 cases

This text of 71 Ind. 601 (Moriarty v. Kent) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moriarty v. Kent, 71 Ind. 601 (Ind. 1880).

Pincite

Opinion

Elliott, J.

This case turns upon the question, whether the receiver of an insolvent corporation has any authority to sue in his own name upon promissory notes executed to the corporation, in cases where there is no authority conferred by statute or by the judgment of a court of competent jurisdiction. The question is answered in the negative in the case of Garner v. Kent, 70 Ind. 428. The decision in the case referred to is in full harmony with the current weight of authority.

Judgment reversed, at costs of appellee.

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Elliott, J.

This case turns upon the question, whether the receiver of an insolvent corporation has any authority to sue in his own name upon promissory notes executed to the corporation, in cases where there is no authority conferred by statute or by the judgment of a court of competent jurisdiction. The question is answered in the negative in the case of Garner v. Kent, 70 Ind. 428. The decision in the case referred to is in full harmony with the current weight of authority.

Judgment reversed, at costs of appellee.

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Bluebook (online)

71 Ind. 601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moriarty-v-kent-ind-1880.

Opinion

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