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Mortgages-(Coutinued).

action to foreclose regularly brought by the trustee in the mortgage. $ 6209.
when the bondholders may sue to foreclose. $ 6210.
concurrent foreclosure suits in State and Federal courts. $ 6211.
right to foreclose for non-payment of interest. $ 6212.
how far the action of a majority of the bondholders will control. $ 6213.
parties to suits of foreclosure. $ 6214.
position of parties with reference to Federal jurisdiction. 8 6215.
intervening petitions. 8 6216.
creditors coming in under the decree and proving their claims before a master.

$ 6217.
settling conflicting equities. $ 6218.
when court will order an appraisement prior to sale. 8 6219.
when property and franchises sold as an entirety and when divided. 8 6220.
superintending power of the court over the sale. 8 6221.
creditors may combine to purchase. 8 6222.
trustee may purchase for the bondholders. 8 6223.
power of the trustee to deal with the property so purchased. $ 6224.
trastees under corporate mortgage interested in purchase. $ 6225.
application to set aside sale must be timely. $ 6226.
trustees and their counsel not allowed compensation out of the fund. 8 6227.
proceeds of sale, to whom paid, and how credited on the bonds. $ 6228.
further as to the distribution of the proceeds. 8 6229.
continued. 8 6230.
rights of holders of bonds called in by the company, and reissued. 8 6231.
effect of an appeal from the decree of foreclosure. $ 6232.
setting aside the foreclosure sale. 8 6233.
rights of purchasers pendente lite. 8 6234.
what the purchaser at the foreclosure sale acquires. 8 6235.
what franchises pass to him. § 6236.
takes free from the debts of the mortgagor. $ 6237.
what burdens he assumes. 8 6238.
succeeds to what liabilities. 8 6239.
succeeds to all public duties. $ 6240.
circumstances under which mortgagor remains liable for torts of mortgagee and

purchaser. 8 6241.
title of strangers to the record not affected by such sale. 8 6242
barring the equity of redemption. 8 6243.
course of procedure ordering foreclosure, but permitting redemption. 8 6244.
further of this course of procedure. § 6245.
reorganizing the corporation, $ 6246.
effect of delay in coming into scheme of reorganization. $ 6247.
reorganizing by a majority of the bondholders. 8 6248.
other holdings touching such schemes of reorganization. $ 6249.
equities of stockholders who have purchased their shares in view of an approach-

ing sale of the corporate property. 8 6250.
5. Priorities among creditors in such foreclosure suits.

priorities among creditors. $ 6256.
principles on which priorities adjusted. $ 6257.

Mortgages-(Continued).

further of this subject. § 6258.
priorities of equitable mortgages. $ 6259.
priorities of mortgages over floating debts. 86260.
creating liens on the property which take precedence over prior mortgages.

$ 6261.
priorities of bonds under the same mortgage where the issue is limited. $ 6262.
rights of execution purchaser of bonds which have never been delivered.

8 6263.
trustees cannot charge the trust with subsequent debts. $ 6264.
priority of bonds issued as collateral security. $ 6265.
priority of second mortgage to which first mortgagees have consented. $ 6266.
priorities of attorneys' fees. $ 6267.

further of this subject. $ 6268.
Municipal corporations.

See SHAREHOLDERS, subd. 3.

subscriptions by, to stock of private corporation. $$ 1115-1133.
Municipal ordinances.

distinguished from by-laws. $ 938.
Mutual benefit societies.

See CORPORATIONS, subd. I.
Mutual insurance company.

See CORPORATE POWERS, subd. 8.
Name.

See CORPORATION, subd. 4.
importance of the corporate name, etc. $$ 284-300.
actions to assert corporate rights or to redress corporate injuries brought in cor.

porate name. 8 7589.
corporation may sue in its own name on promise made to its officers for its benefit.

$ 7590.
distinction between cases where the agency is disclosed and where it is con-

cealed. $7591.
bank may sue on commercial paper made payable to its cashier. $ 7592.
in such cases corporate officer may sue in his own name. 8 7593.
doctrine that action may be brought either in the name of corporation or

agent. $7594.
promise made to trustees of unincorporated concern suable by trustees. $ 7595.
when successors in office may sue. $7596.
corporation party to contract in wrong name suable by it in right name.

$ 7597.
if payable to the officer by description, the corporation may sue. $ 7598.
effect of change of name of corporation. $ 7599.
member cannot sue for the corporation. $ 7600.
corporation not affected by judgment in actions against its officers. $ 7601.
suing or being sued in the name of an officer. 8 7602.

action in whose naine after dissolution. $ 7603.
National banking act.

See DIRECTORS.
liability of directors under. $ 4303.

National banks.

taxation of stock shares in. $S 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. 8 7266.
evidence of his appointment. $ 7267.
effect of appointment on rights of action by and against bank. 8 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. $ 7272.
further of this statute. $7273.
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.

8 7282.
his right of action against the directors. $7283.
his right of action against shareholders. 8 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. 8 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. 8 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.

sesses.

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. 8 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. 87326.
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. 8 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. S

8 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.

8 6349.
liable to servants for negligence of vice-principal. 8 6350.

Negligence—(Continued).

contracts with employés releasing damages. $ 6351.
liability for negligence under statutes. $ 6352.

negligence in the performance of ultra vires acts. 8 6353.
2. In performance of duties voluntarily assumed.

the governing principle stated. 8 6357.
private corporations owning public works for the use of which they receive tolls.

$ 6358.
when liable on principle of nuisance or special damage. 8 6359.
liability of turnpike and plank-road companies for non-repair. $ 6360.
private corporations how liable for non-exercise of granted powers. 8 6361.
liability for the non-performance of statutory obligations. $ 6362.
corporations exercising public offices. 8 6363.
corporations for the maintenance of public charities. $6364.
payment of damages out of trust funds. 8 6365.
out of corporate funds in the hands of receivers. 8 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. 8 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. 8 5195.
notice must be to agent, whose duty it is to act on or communicate the knowl.

edge to his principal. 8 5196.

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