United States v. Powell , 95 F.2d 752 ( 1938 )

SOPER, Circuit Judge,

(dissenting).

It may be, literally speaking, that receivers’ certificates, issued by receivers of a railroad company, are not issued by the corporation itself; but, in the language of the statute, they are “known generally as corporate securities”; they are issued for the benefit of the corporation by the authority of the court having lawful control of its affairs; and they become a charge upon the corporate property. We may, therefore, fairly conclude that, they are included within the legislative intent as expressed in the statute.