Insolvent corporations-(Continued). whether the directors may make such an assignment without authorization of the stockholders. § 6473. formalities in making the assignment. § 6474. validity of conditions in such assignments. § 6475. further of this subject. § 6476. validity of an assignment giving assignee discretionary power to sell. § 6477. on the ground that it was not made at a proper board meeting, etc. § 6479. what resolution will authorize an assignment. § 6481. effect of such an assignment. § 6482. assignment after notice of motion for injunction. § 6483. what if one assignee refuses to qualify. § 6485. may maintain actions upon share subscriptions. § 6486. 2. Preferring creditors. doctrine that an insolvent corporation cannot prefer particular creditors. § 6492, doctrine that an insolvent corporation can prefer creditors. § 6494. reasons given in support of this doctrine. § 6495. the fallacy of these reasons. § 6496. doctrine that it can prefer its own stockholders. § 6497. doctrine that it can prefer its own directors. § 6498. reasoning of the judges so holding. § 6499. that it can prefer them although the debts are in excess of the statutory limit. that such a preference gives no right of attachment. § 6501. that the president of a corporation can prefer himself as a creditor over the cor- poration. § 6502. doctrine that it cannot prefer its own directors and officers. § 6503. further of this doctrine. § 6504. illustrations. § 6505. whether directors can prefer their own relatives. § 6506. assignments to a single creditor, leaving other debts unpaid. § 6507. releasing its property to an attaching creditor. § 6508. mortgages and other assignments to secure present advances. § 6509. when assignee holds property as trustee. § 6510. payments in due course of business. § 6511. executing judgment notes. § 6512. effect upon creditors of failing to obtain preferences. § 6513. under the New York statute to prevent fraudulent bankruptcy by incorporated this statute avoids what payments and transfers. § 6515. what transfers it does not avoid. § 6516. how far it prohibits preferences obtained by means of actions against the corpo- ration. § 6517. has no extra-territorial force. § 6518. Insolvent corporations-(Continued). under the New York Act of 1882, relating to transfers by banking corporations. § 6519. remedies in equity against assignee. §.6520. 3. Fraudulent conveyances by corporations. general doctrine as to fraudulent conveyances by corporation. § 6526. "Credit Mobilier" arrangements. § 6528. evidence to show insolvency. § 6529. conveyances to directors or officers of the corporation. § 6530. ratification, acquiescence, estoppel. § 6531. when such transactions not impeached by way of defense in actions at law. saving the rights of bona fide purchasers. § 6533. assignment of all the property of the corporation in fraud of its creditors. § 6534. other conveyances rendered void by statute. § 6536. consenting to judgments. § 6537. 4. Creditors' suits — distribution of assets. jurisdiction of equity to distribute the assets of insolvent corporations. § 6555. § 6556. venue of actions brought for this purpose. § 6557. whether such action by bill or petition. § 6558. creditor bringing the bill must be a judgment creditor. § 6559. so where he proceeds against stockholders. § 6560. exceptions to the rule which requires a judgment at law. § 6561. bill by a general creditor to remove an invalid lien. § 6565. creditors' bill where the trustee fails to execute the trust. § 6566. parties plaintiff: whether bill filed on behalf of all creditors. § 6567. cross-bill by assignee. § 6569. kinds of relief administered. § 6570. statutory proceedings for sequestration of earnings. § 6571. 5. Selling out to new corporation. See SALES. 6. Appointment and qualification of receivers. See RECEIVERS. See BOOKS AND PAPERS; SHAREHOLDERS. of books and papers by shareholders. § 4406-4435. of turnpike roads. § 5519. Inspectors. See ELECTIONS. of election, appointment of. § 745. Insurance Corporations. See CORPORATE POWERS; RECEIVERS. powers ascribed and denied to. §§ 5849-5861. Insurance corporations-(Continued). Receivers of insurance companies. appointment of receivers of such companies. § 7219. appointment at the suit of judgment creditors. § 7221. cannot waive stipulations in policies. § 7225. payment of losses accruing during the receivership. § 7226. receiver's right of action on a guaranty where one life insurance company absorbs administration of the securities deposited with the superintendent of insurance, proceedings where receiver disallows a claim. § 7229. compromising claims. § 7230. premium notes in the hands of receiver. § 7231. further of premium notes. § 7232. assessing the premium notes. § 7233. necessity of assessment. § 7234. circumstances under which such assessments may be made. § 7235. effect of assessments by a former receiver. § 7236. extent and proportion of the assessment. § 7237. valuation of policies in winding up. § 7238. rule adopted by statute in England. § 7239. manner of making the assessment. § 7240. equalizing those who have paid premiums in cash. § 7241. particularity in making the assessment. § 7242. requisites of notice of the assessment. § 7243. notes payable absolutely where no assessment is necessary. § 7244. what the receiver must aver and prove. § 7247. recovery of interest on such premium notes. § 7248. receiver takes premium notes subject to equities. § 7249. illustrations of this principle. § 7250. right of set-off in actions on premium notes. § 7251. right of set-off under statutes of New York. § 7252. defenses to such actions. § 7253. priorities in distribution. § 7254. receiver may exercise an option possessed by the company. § 7255. Interest. See BONDS; COUPONS; FORECLOSURE. Internal improvements. corporations for. § 200. Interstate bridge companies. taxation of. § 8128. Interstate commerce. See TAXATION. Interstate commerce-(Continued). taxation of domestic corporations engaged in. § 8122. offenses by. § 6435. Joinder. See CAUSES OF ACTION; PARTIES. of causes of action against stockholder. §3625, Joint stock companies. distinguished from corporations. § 14. Judgment. See ACTIONS. against corporation, effect of. §§ 3392-3401. Judgment creditors. See CREDITORS; CREDITOR'S SUIT. Judicial sale. See EXECUTION. franchise to be corporation not subject of. § 257. Jurisdiction. See ACTIONS; PARTIES. 1. Of actions by and against corporations as depending upon residence and citizenship — of State courts. residence of corporations for the purpose of State jurisdiction. § 7421. theory that it resides where it exercises its franchises. § 7424. further of this theory. § 7425. suable in any county in the State. § 7426. venue the same as in the case of natural persons. § 7427. in the county where the contract was broken or the injury occurred. § 7428. validity of statutes making corporations suable in any county. § 7431. transitory actions. § 7433. changing the venue. § 7434. residence of a corporation the residence of its president. § 7435. national banks are State corporations for jurisdictional purposes. § 7436. jurisdiction and venue in respect of corporations chartered by the United States State jurisdiction in the case of interstate corporations. § 7438. actions against branches of corporations. § 7439. actions in the county in which the agent with whom the contract was made 2. Federal jurisdiction as dependent upon diverse citizenship. early doctrine that a corporation was not a “citizen,” under Federal Constitu new doctrine that a corporation is a "citizen" of the State creating it, for the Jurisdiction-(Continued). conclusively presumed to be a citizen of the State creating it. § 7449. effect of this rule on domestic corporations. § 7450. further of this rule. §7451. rule where the corporation is created by the concurrent legislation of two States. all the substantial parties must be of diverse citizenship. §7453. application of this rule of jurisdiction to joint stock companies. § 7454. Federal jurisdiction in the case of corporation owned by a State. § 7455. further of this subject. §7457. manner of averring citizenship. § 7458. 3. Removal of such actions from State to Federal courts. right of foreign corporations to remove on the ground of diverse citizenship. submission to local jurisdiction does not preclude this right of removal. § 7463. this right of removal extends to "tramp corporations." § 7465. invalidity of stipulation not to remove. § 7466. further of this subject. § 7467. right of removal on the ground of prejudice or local influence. § 7468. authority of the officer to make the affidavit. § 7469. substance of the affidavit. § 7470. conclusiveness of the affidavit. § 7471. right of removal in cases of a corporation created by the concurrent legislation alien corporations entitled to remove. § 7473. controversy must be wholly between different parties. § 7474. removal of actions against corporations organized under a law of the United States. §7475. further of this subject. § 7476. suits arising under the laws of the United States. § 7477. removal by alien corporations. § 7478. 4. "Inhabitancy" of corporations for the purposes of Federal jurisdiction. "inhabitancy" for purposes of Federal jurisdiction. § 7484. old doctrine that a corporation can have no inhabitancy outside of the State further of this question. § 7486. whether a corporation having an office in another State becomes an "inhabi- doctrine that inhabitancy and citizenship identical. § 7488. the recent Federal doctrine on this subject. § 7489. 5. Jurisdiction as depending upon process and its service. See PROCESS. 6. Jurisdiction as dependent upon voluntary appearance. appearance cures defects in service of process and waives jurisdiction over the in case of foreign corporations, waives exemption from being sued. § 7553. waives exemption from being sued in the particular Federal district. § 7555. |