Bien v. Robinson, 208 U.S. 423 (1908)

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Bien v. Robinson

No. 135

Submitted January 27, 1908
Decided February 24, 1908
208 U.S. 423

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Where the jurisdiction of the Circuit Court is questioned merely in respect to its general authority as a judicial tribunal to entertain a summary proceeding to compel repayment of assets wrongfully withheld from a receiver appointed by it, its power as a court of the United States as such is not questioned, and the case cannot be certified directly to this Court under the jurisdiction clause of § 5 of the Judiciary Act of 1891.

Where no sufficient reason is stated warranting this Court in deciding that the circuit court acted without jurisdiction, this Court will assume that the circuit court acted rightfully in appointing receivers and issuing an injunction against disposition of assets.

The delivery of a check is not the equivalent of payment of the money ordered by the check to be paid, and, in this case, the check not having been cashed until after receivers had been appointed, the payee, who had knowledge of their appointment and the issuing of an injunction order, was required to repay the amount.

A court of equity has power by summary process, after due notice and opportunity to be heard, to compel one who, in violation of an injunction order of which he had knowledge, has taken assets of a corporation in payment of indebtedness, to repay the same to the receiver.

The facts are stated in the opinion.