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HULSE v. ARGETSINGER

Nos. 189, 206.

18 F.2d 944 (1927)

HULSE v. ARGETSINGER et al. HULSE et al. v. SAME.

Circuit Court of Appeals, Second Circuit.

April 4, 1927.

Attorney(s) appearing for the Case

Lee, Smyth, Wise & Bond, of New York City (Warren I. Lee and Eugene M. Strouss, both of New York City, of counsel), for certain appellant stockholders.

James D. Harris, of Rochester, N. Y., for other appellant stockholders.

Percival D. Oviatt and Arthur E. Sutherland, both of Rochester, N. Y., for appellees directors.

Carnahan, Pierce & Block, of Rochester, N. Y., for appellee receiver.

Before MANTON, HAND, and SWAN, Circuit Judges.

HAND, Circuit Judge (after stating the facts as above).

The receiver of a national bank appointed by the comptroller is his officer, not an officer of the court, nor are its assets while in his hands in custodia legis (In re Chetwood, 165 U.S. 443, 458, 17 S.Ct. 385, 41 L. Ed. 782); they do not become such by an order confirming a composition of debts made by him. Such an order is merely a condition upon the receiver's power to compound...

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