Southard & Co. v. Salinger
| Decision Date | 29 January 1941 |
| Docket Number | No. 7459.,7459. |
| Citation | 117 F.2d 194 |
| Parties | SOUTHARD & CO., LIMITED, v. SALINGER. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Frank E. McAllister and Maxfield Weisbrod, both of Chicago, Ill., for appellant.
Austin L. Wyman and Daniel P. Nagle, both of Chicago, Ill., for appellee.
Before SPARKS and KERNER, Circuit Judges, and BRIGGLE, District Judge.
This appeal challenges an order entered by the District Court temporarily restraining defendants from negotiating certain warehouse receipts alleged to be in their possession and appointing a receiver to preserve such property.
Plaintiff in its complaint alleges, among other things, that it is an English Corporation and engaged in the business of distributing and selling liquors; that it shipped 1250 cases of Scotch whiskey to the United States and delivered the same to the defendant, General Exporting Company, an Illinois Corporation, to be held by it as agent for the plaintiff and subject to plaintiff's orders with respect to disposition; that the General Exporting Company, on behalf of plaintiff, caused such whiskey to be placed in warehouses and warehouse receipts issued therefor in the name of General Exporting Company; that the Exporting Company has no interest whatever in such whiskey or in such warehouse receipts, but that same are the property of the plaintiff; that at least one of the warehouse receipts is negotiable in character. The complaint further alleges that the individual defendant, Benjamin Salinger, a citizen and resident of Illinois, is an agent or employee of the defendant Exporting Company, has in his possession, custody and control each of said warehouse receipts and refuses to deliver the same to plaintiff on demand; that neither Salinger nor the Exporting Company has any lien upon such whiskey or warehouse receipts and has no right or claim whatsoever to them; and that the defendant Salinger is insolvent and will attempt to dispose of such whiskey or warehouse receipts contrary to the wishes of plaintiff.
Upon the filing of the verified complaint and without notice to defendants the order complained of was issued against both defendants. The corporate defendant does not appeal. There are other allegations in the complaint and other relief prayed not pertinent to a disposition of the present appeal.
Rule 65 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, which is substantially the same as Section 381 of 28 U.S.C.A.,...
To continue reading
Request your trial
-
Chicago Great Western Ry. Co. v. Beecher
...Pablo & Tulare R. Co., 149 U.S. 308, 314, 13 S.Ct. 876, 37 L.Ed. 747. When an injunctive order has expired it is moot. Southard & Co. v. Salinger, 7 Cir., 117 F.2d 194; Walling v. Shenandoah-Dives Mining Co., 10 Cir., 134 F.2d 395; Benitez v. Anciani, 1 Cir., 127 F.2d 121, 125. When the aff......
-
Pan American World Air. v. Flight Eng. Intern. Assoc.
...Benitez v. Anciani, 127 F.2d 121 (1st Cir. 1942), cert. denied, 317 U.S. 699, 63 S.Ct. 439, 87 L.Ed. 559 (1943) and Southard & Co. v. Salinger, 117 F.2d 194 (7th Cir. 1941) where the courts, upon finding that temporary restraining orders had expired by virtue of the Rule 65(b) limitations, ......
-
Levine v. Comcoa Ltd.
...Benitez v. Anciani, 127 F.2d 121 (1st Cir.1942), cert. denied, 317 U.S. 699, 63 S.Ct. 439, 87 L.Ed. 559 (1943) and Southard & Co. v. Salinger, 117 F.2d 194 (7th Cir.1941). Subsequent courts have distinguished these cases where, as here, a district court has ordered an indefinite extension o......
- McCoy v. Cate