National banks.

taxation of stock shares in. §§ 2854-2884.

Receivers of national banks.

power of courts to appoint receivers of national banks. § 7262.

cases in which courts will appoint receivers. § 7263.

appointment of receiver by comptroller of the currency under the Revised Stat-
utes of the United States. § 7264.

circumstances under which comptroller may appoint receiver under act of 1876.
§ 7265.

action of comptroller in appointing receiver conclusive upon debtors. § 7266.
evidence of his appointment. § 7267.

effect of appointment on rights of action by and against bank. § 7268.

effect of judgments against national banks in the hands of receivers. § 7269.
right of action of receiver in Federal courts. § 7270.

statute forbidding transfers after insolvency. § 7271.
fraudulent preferences under this statute.

further of this statute. § 7273.

§ 7272.

statute prohibits attachments after insolvency. § 7274.

further of attachments against national banks. § 7275.

continued: attempted distinction in cases where bank not insolvent. § 7276.
this distinction repudiated. § 7277.

further of such attachments. § 7278.

actions by receiver to collect debts. § 7279.

in whose name action brought by receiver. § 7280.

power of receiver to compromise debts. § 7281.

whether receiver succeeds to larger rights of action than the corporation pos.

sesses. § 7282.

his right of action against the directors. § 7283.

his right of action against shareholders. § 7284.

necessity of assessment. § 7285.

determination of comptroller in assessing the shareholders conclusive. § 7286.
parties in equity. § 7287.

when the action should be at law and when in equity. § 7288.

pleading in such actions. § 7289.

accruing of interest against stockholders. § 7290.

mode of enforcing contribution and securing equality among the stockholders,
§ 7291.

creditor's bill to enforce individual liability of stockholders. § 7292.

receiver takes assets cum onere. § 7293.

must respect valid liens and pledges. § 7294.

must restore trust funds. § 7295.

must restore money subscribed on scheme to increase capital which has failed.
§ 7296.

must restore money deposited to be loaned to the president of the bank. § 7297.

what rights of set-off exist against receiver. § 7298.

the question how viewed on principle. § 7299.

the question how viewed by other courts. § 7300.
the same subject continued. § 7301.

continued. § 7302.

National banks-(Continued).

waiver of right of set-off. § 7303.

voluntary liquidation of national banks. § 7304.

when stockholders may elect agent to wind up. § 7305.

receiver authorized to purchase property in which bank has equities. § 7306.
notice to present claims to receiver. § 7307.

proof of claims by creditors. § 7308.

dividends by comptroller in liquidation. § 7309.

what claims entitled to distribution. § 7310.

priorities among creditors in such distribution. § 7311.

when United States not a preferred creditor. § 7312

fees and expenses of the winding up and receivership. § 7313.

creditors entitled to interest. § 7314.

redemption of circulating notes. § 7315.

enjoining proceedings by comptroller and receiver. § 7316.

actions against national banks after commencment of liquidation. § 7317.
defenses available to the receiver against actions. § 7318.

State courts no control over receiver. § 7319.

jurisdiction of State courts of actions by and against such receivers. § 7320.

no relief against the United States in actions against the comptroller or receiver.
§ 7321.

what actions lie against the comptroller. § 7322.

effect of receiver being substituted as defendant. § 7323.

payment of State taxes. § 7324.

actions against receiver for taxes. § 7325.

sales by such receivers. § 7326.

replevin of property in custody of receiver. § 7327.

effect of appointment upon the statute of limitations. § 7328.

National corporations.

See CORPORATIONS, sub. 9.

Navigation.

organization of company relating to. § 168.

Negligence.

See TORTS.

1. Liability of corporation for-in performance of duties imposed by law.
corporations liable for negligence. § 6339.

general theory of civil liability for negligence. § 6340.

cases not resting in contract-grounds of liability in. § 6341.
legislative authorization no excuse for negligent injuries. § 6342.

damages awarded upon the taking of private property for public use do not
satisfy subsequent negligent injuries. § 6343.

nor does the purchase-money where the land is voluntarily conveyed. § 6344.
illustrations of the foregoing doctrines. § 6345.

other illustrations-damages denied. § 6346.

application of the doctrine of respondeat superior. § 6347.

not liable for negligence of independent contractors. § 6348.

cannot escape liability for negligent performance of public duties on this ground.

§ 6349.

liable to servants for negligence of vice-principal. § 6350.

Negligence-(Continued).

contracts with employés releasing damages. § 6351.

liability for negligence under statutes. § 6352.

negligence in the performance of ultra vires acts. § 6353.

2. In performance of duties voluntarily assumed.

the governing principle stated. § 6357.

private corporations owning public works for the use of which they receive tolls.
§ 6358.

when liable on principle of nuisance or special damage. § 6359.

liability of turnpike and plank-road companies for non-repair. § 6360.

private corporations how liable for non-exercise of granted powers. § 6361.
liability for the non-performance of statutory obligations. § 6362.

corporations exercising public offices. § 6363.

corporations for the maintenance of public charities. § 6364.

payment of damages out of trust funds. § 6365.

out of corporate funds in the hands of receivers. § 6366.

liability of directors of corporation for. §§ 4100-4114.

Negotiability.

See BONA FIDE PURCHASERS.

of certificates of stock. § 2587, et seq.

Negotiable instruments.

See CONTRACTs, subd. 5.

coupons of corporate bonds. § 6107.

Negotiable paper.

powers of corporation relating to. See CORPORATE POWERS, subd. 4.

Net earnings.

See DIVIDENDS.

Net profits.

See DIVIDENDS.

New corporations.

See CONSOLIDATION; REORGANIZATION.

not liable for debts of old when. § 263.

Non-user.

See FORFEITURES; DISSOLUTION.

Notes and bills.

See NEGOTIABLE INSTRUMENTS.

Notice.

See AGENTS; DIRECTORS.

1. To corporations, generally.

general statement of doctrine. § 5189.

can have only constructive notice: what such notice is. § 5190.

general rule that notice to agent when acting officially is notice to the corpora.
tion. § 5191.

a classified statement of exceptions to the rule. § 5192.

facts which the agent has probably forgotten. § 5193.

facts communicated when agent not acting in the particular transaction. § 5194.

not necessary that agent should be so acting. § 5195.

notice must be to agent, whose duty it is to act on or communicate the knowl.
edge to his principal. § 5196.

Notice-(Continued).

knowledge must reach the agent while acting for his principal. § 5197.
illustrations of this principle. § 5198.

cases denying this principle. § 5199.

knowledge acquired in a previous transaction, but present in the mind of the
agent when acting in the particular transaction. § 5200.

notice before the agency has begun or after it has terminated. § 5201.
notice communicated to the agent before the agency begun. § 5202.

whether corporation continues to be affected with knowledge of a fact com.
municated to a prior agent. § 5203.

knowledge acquired by officers or agents in their own private affairs. § 5204.
where the agent acts for himself and adversely to the corporation. § 5205.
where the officer is acting for himself in a transaction with the corporation.
§ 5206.
illustrations in the case of conveyances, etc., to the corporation by its officers.
§ 5207.

illustrations in the case of notes discounted by banks for their officers. § 5208.
facts which the officer is interested in concealing from the corporation. § 5209.
constructive notice of private dealings between corporate officers and third per-
sons affecting the corporation. § 5210.

further of this subject. § 5211.

notice to an officer who is also agent of the party giving the notice. § 5212.
exception in the case of confidential communications. § 5213.

where the person receiving the notice is a director in two corporations. § 5214.
whether notice to one agent imputable to the corporation through another
agent. § 5215.

notice to an improper agent by him communicated to a proper agent. § 5216.
rule where the officer agrees not to communicate the notice. § 5217.
knowledge acquired through official relations imputable to agent in private
capacity. § 5218.

effect of private knowledge of corporate officer. § 5219.

when notice to a single director is notice to a corporation. § 5220.

notice to a single director not officially engaged. § 5221.

.

when a single director is to be deemed “engaged in business" for the corpora-
tion for the purpose of receiving such notice. § 5222.

existence of knowledge in a single director while sitting in the board. § 5223.
facts which the director ought to know imputable to the corporation. § 5224.
notice to the corporation in the case of frauds by single directors against third
persons. § 5225.

knowledge of agent defrauding a third person. § 5226.

knowledge acquired by the agent while acting with a third party ostensibly for
his principal, but really for himself. § 5227.

notice to and knowledge of the president. § 5228.

notice to the cashier of a bank. § 5229.

knowledge of cashier who acts as member of discount committee. § 5230.

notice to the treasurer. § 5231.

notice to various special agents. § 5232.

knowledge of a mere servant or clerk. § 5233.

notice to a mere stockholder. § 5234.

Notice (Continued).

notice to a corporation of defects which it is bound to repair. § 5235.
notice to a corporation taking negotiable paper. § 5236.
circumstances putting a corporation upon inquiry. § 5237.
whether corporation had notice, a question of fact. § 5238.
evidence of notice to corporate officers. § 5239.

other holdings relating to notice to corporations. § 5140.
of sales of stock shares. §§ 1778-1779.

Novation.

See TRANSFERS OF SHARES.

Nuisance.

See INDICTMENT; TORTS.

Oath.

See ELECTIONS; VOTING.

Obligation.

See DIRECTORS.

of directors as fiduciaries. See DIRECTORS, subd. 6.

Office.

contesting right to. See ELECTIONS, subd. 5.

Officers.

See AMOTION; DIRECTORS; PRESIDENT.

of corporation, amotion of. §§ 799-841.

directors of corporations are. § 4253.

de facto, whether entitled to compensation. § 4708.

Options.

See SHARES, subd. 14.

Oral subscriptions.

See SUBSCRIPTIONS.

Organization.

See CHARTERS.

1. Purposes for which incorporation permitted.

statutes authorizing the formation of corporations. § 132.
agricultural fairs. § 133.

business purposes: mining, manufacturing, merchandising, etc. § 142.

camp meetings. § 143.

canals. § 144.

cemeteries. § 145.

chambers of commerce: merchants' exchanges: boards of trade. § 146.
colleges. § 147.

co-operative associations. § 148.

cruelty to animals. § 149.