Inter-City Contractors Service, Inc. v. Jolley, INTER-CITY
| Docket Nº | No. 671S153 |
| Citation | 277 N.E.2d 158, 257 Ind. 593 |
| Case Date | January 11, 1972 |
| Court | Supreme Court of Indiana |
Page 158
v.
Charles JOLLEY, Appellee.
[257 Ind. 594]
Page 159
Julian B. Allen, Gary, for appellant.F. Laurence Anderson, Jr., Gary, for appellee.
GIVAN, Judge.
The complaint filed by appellee seeks damages as a result of an alleged breach of a merger agreement. Upon the request of the appellee the court appointed a receiver without notice. Appellant filed a motion to vacate the order appointing a receiver without notice, which motion was denied by the court. Appellant is here appealing the trial court's ruling.
The complaint filed by the appellee alleged that the appellant and the appellee entered into a merger agreement providing that the appellant was to pay the appellee $12,500 on certain contracts assigned to appellee and further to pay appellee $5,980 for equipment which appellee transferred to appellant. Appellant paid the former sum but failed to pay the latter.
It is further alleged the appellant became indebted to the appellee for services rendered in the amount of $2,384.78, which amount remains unpaid.
Appellee further alleges that he is entitled to one-eighth ownership in an equity of $162,758.16 in the appellant corporation.
[257 Ind. 595] On December 31, 1970, appellee submitted his resignation to the board of directors of the appellant corporation and made demand for the sums to which he claims to be entitled.
The prayer of plaintiff's complaint asks for a money judgment and for the appointment of a receiver without notice. The trial court granted the appointment of a receiver without notice and denied appellant's motion to vacate such order.
Appellant contends that there was no showing under the requirements of Burns Ind.Stat., 1968 Repl., § 3--2601, IC 1971, 34--1--12--1 which would justify the appointment of a receiver without notice. In Johann & Sons Co., Inc. v. Berges (1958), 238 Ind. 265, at page 268, 150 N.E.2d 568, at page 569, this Court stated what must be shown by a complaint in order to justify the appointment of a receiver without notice:
'1. The complaint must affirmatively show (a) a probability that plaintiff will be entitled to judgment; (b) that there not only is cause for the appointment of a receiver, but that there is sufficient cause for such appointment without notice; and (c) that plaintiff's rights cannot be protected by a restraining order or other adequate...
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Environmental Control Systems, Inc. v. Allison, No. 2--574A107
...such assets before notice can be given. No such facts are alleged here.' In the recent case of Inter-City Contractors v. Jolley (1972), 257 Ind. 593, 277 N.E.2d 158, the Supreme Court reiterated the language from the above quoted cases and again held that the mere pleading of conclusions is......
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Meek v. Steele, No. 2-277A59
...be met by mere allegations, statements of belief or conclusions of the plaintiff. Inter-City Contractors Service, Inc. v. Jolley (1972) 257 Ind. 593, 277 N.E.2d In Environmental Control Systems, Inc. v. Allison (2d Dist.1974) Ind.App., 314 N.E.2d 820, the Petition for Appointment was striki......
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Environmental Control Systems, Inc. v. Allison, No. 2--574A107
...such assets before notice can be given. No such facts are alleged here.' In the recent case of Inter-City Contractors v. Jolley (1972), 257 Ind. 593, 277 N.E.2d 158, the Supreme Court reiterated the language from the above quoted cases and again held that the mere pleading of conclusions is......
-
Meek v. Steele, No. 2-277A59
...be met by mere allegations, statements of belief or conclusions of the plaintiff. Inter-City Contractors Service, Inc. v. Jolley (1972) 257 Ind. 593, 277 N.E.2d In Environmental Control Systems, Inc. v. Allison (2d Dist.1974) Ind.App., 314 N.E.2d 820, the Petition for Appointment was striki......