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SECTION
7264, Appointment of receiver by 7287. Parties in equity.
Comptroller of the Currency 7288. When the action should be at
under Revised Statutes of the
law and when in equity.
United States.
7289. Pleading in such actions.
7265. Circumstances under which
7290. Accruing of interest against
Comptroller may appoint re-
stockholders.
ceiver under Act of 1876.
7291. Mode of enforcing contribution
7266. Action of Comptroller in ap-
and securing equality among
pointing receiver conclusive
the stockholders.
upon debtors.
7292. Creditor's bill to enforce individ-
7267. Evidence of his appointment.
ual liability of stockholders.
7263. Effect of appointment on rights
7293. Receiver takes assets cum onere.
of action by and against bank.
T209. Effect of judgments against
7294. Must respect valid liens and
pledges.
national banks in the hands
of receivers.
7295. Must restore trust funds.
7270. Right of action of receiver in
7296. Must restore money subscribed
Federal courts.
on scheme to increase capital
7271. Statute forbidding transfers
which has failed.
after insolvency.
7297. Must restore money deposited
7272. Fraudulent preferences under
to be loaned to the president
this statute.
of the bank.
7273. Further of this statute.
7298. What rights of set-off exist
7274. Statute prohibits attachments
against receiver.
7299. The question how viewed on
7275. Further of attachments against
principle.
national banks.
7300. The question how viewed by
7276. Continued: attempted distinc-
other courts.
tion in cases where bank not 7301. The same subject continued.
insolvent.
7302. Continued.
7277. This distinction repudiated.
7303. Waiver of right of set-off.
7278. Further of such attachments. 7304. Voluntary liquidation of na-
7279. Actions by receiver to collect
tional banks.
debts.
7305. When stockholders may elect
7280. In whose name action brought
agent to wind up.
by receiver.
7306. Receiver authorized to purchase
7281. Power of receiver to compromise
property in which bank has
equities.
7282. Whether receiver succeeds to 7307. Notice to present claims to re-
larger rights of action than
ceiver.
the corporation possesses. 7308. Proof of claims by creditors.
7283. His right of action against the 7309. Dividends by Comptroller in
directors.
liquidation.
7284. His right of action against 7310. What claims entitled to distri-
shareholders.
bution.
7285. Necessity of assessment. 7311, Priorities among creditors in
7286. Determination of Comptroller
such distribution.
in assessing the shareholders 7312. When United States not a pre-
conclusive.
ferred creditor.
7313. Fees and expenses of the wind-
ing up and receivership.
7314. Creditors entitled to interest.
7315. Redemption of circulating notes.
7316. Enjoining proceedings by Comp-
troller and receiver.
7317. Actions against national banks
after commencement of liq-
uidation.
7318. Defenses available to the re-
ceiver against actions.
7319. State courts no control over
receiver,
7320. Jurisdiction of State courts of
actions by and against such
receivers.
7321. No relief against the United
States in actions against the
Comptroller or receiver.
7322. What actions lie against the
Comptroller.
7323. Effect of receiver being substi-
tuted as defendant.
7324. Payment of State taxes.
7325. Actions against receiver for
taxes.
7326. Sales by such receivers.
7327. Replevin of property in custody
of receiver.
7328. Effect of appointment upon the
statute of limitations.
CHAPTER CLXXVI.
FOREIGN RECEIVERS.
7334. Receivers have no extra-terri- 7344. Cases refusing to extend this
torial power.
comity.
7335. Cannot sue in a foreign juris. 7345. Foreign receivers preferred in
diction except by comity.
contest with the debtor and
7336. This comity generally recog-
his privies.
nized except as against do- 7346. Foreign receiver preferred in
mestic citizens.
contest with foreign creditor.
7337. This comity does not extend to 7347. Distinction between voluntary
the prejudice of the State's
assignments and assignments
own citizens.
in invitum by operation of law.
7338. Foreign judicial assignments 7348. Where the receiver adopts and
invalid as against domestic
carries out the contract of the
creditors.
corporation,
7339. Actions permitted when not in 7349. Not chargeable as garnishee or
derogation of domestic rights.
with trustee process.
7340. For what purposes non-resident 7350. Attachment in foreign jurisdic-
receivers permitted to sue.
tion a contempt of court.
7341. May sue to repossess himself of 7351. Appointing a receiver of prop-
property removed into the
erty situated in a foreign ju-
domestic jurisdiction.
risdiction.
7342. Illustrations of this principle. 7352. Auxiliary receivers appointed
7343. Real property situate in the for-
as a matter of comity.
eign jurisdiction does not vest 7353. Receiver cannot transfer juris-
in receiver.
diction to foreign court.
TITLE EIGHTEEN.
ACTIONS BY AND AGAINST CORPORATIONS.
CHAPTER CLXXVII.
POWER TO SUE AND BE SUED.
Art. I. IN GENERAL. 88 7360-7375.
II. ACTIONS BY CORPORATIONS. $37380-7388.
III. WHAT ACTIONS LIE AGAINST CORPORATIONS. $$ 7391-
7415.
ARTICLE I. IN GENERAL.
ARTICLE II. ACTIONS BY CORPORATIONS.
7380. Corporations entitled to what 7385. Special statutory remedies in
remedies.
favor of corporations.
7381. May maintain actions of as-
7386. Remedies on commercial paper.
sumpsit.
7387. Action by corporation on prom-
7382. May sue in trespass.
ise made to its officer.
7383. May maintain actions sounding 7388. Demand in actions by corpora-
in damages.
tions.
7384. May have summary remedies.
ARTICLE III. WHAT ACTIONS LIE AGAINST CORPORATIONS.
7391. What actions will lie ins
corporations.
7392. When assumpsit will lie against
7393. When not.
7344. Trespass.
7395. Case.
7396. Trover.
7397. Replevin.
7398. Ejectment.
7399. Forcible entry and detainer.
7400. Slander - Libel - Slander of
goods.
7401. Book account.
7402. Account stated.
7403. Use and occupation.
7404. Actions on clauses of charter.
7405. Actions on by-laws.
7406. Actions for violations of public
duties.
7407. Specific performance.
7408. Mode of compelling perform-
ance of agreement to arbi-
trate.
7409. Bills in equity for discovery.
7410. Mode of procedure to compel
discovery in equity.
7411. Further of this subject.
7412. Statutory substitutes for dis-
covery.
7413. Bill of interpleader by agent of
corporation.
7414. Actions to recover payments
voluntarily made.
7415. Demand in actions against cor-
porations.
CHAPTER CLXXVIII. .
JURISDICTION AS DEPENDING UPON RESIDENCE AND CITIZEN-
SHIP.
ART. I. OF STATE COURTS. 88 7421-7440.
II. FEDERAL JURISDICTION AS DEPENDENT UPON DI-
VERSE CITIZENSHIP. $$ 7447-7458.
III. REMOVAL OF SUCH ACTIONS FROM THE STATE TO
THE FEDERAL COURTS. $8 7462-7478.
IV. “INHABITANCY” OF CORPORATIONS FOR THE PUR-
POSES OF FEDERAL JURISDICTION. $$ 7484-7489.
ARTICLE I. OF STATE COURTS.
7421. Residence of corporations for
the purpose of State juris-
diction.
7422. Influence on State decisions of
the change in Federal doc-
trine.
7423. Corporation resides at its prin-
cipal office.
7424. Theory that it resides wherever
it exercises its franchises.
7425. Further of this theory.
7426. Suable in any county in the SECTION
7427, Venue the same as in the case
of natural persons.
7428. In the county where the con-
tract was broken or the in-
jury occurred.
7429. The same subject continued.
7430. Where the cause of action ac-
crues.
7431. Validity of statutes making cor-
porations suable in any county.
7432. Local actions.
7433. Transitory actions.
7434. Changing the venue.
7435. Residence of a corporation the
residence of its president.
7436. National banks are State cor-
porations for jurisdictional
purposes.
7437. Jurisdiction and venue in re-
spect of corporations char-
tered by the United States
other than national banks.
7438. State jurisdiction in the case of
interstate corporations. 7439. Actions against branches of cor-
7440. Actions in the county in which
the agent with whom the
contract was made resides.
ARTICLE II. FEDERAL JURISDICTION AS DEPENDENT UPON
DIVERSE CITIZENSHIP.
7447. Early doctrine that a corpora-
tion was not a “citizen," un-
der Federal Constitution and
Judiciary Act.
7448. New doctrine that a corporation
is a “citizen" of the State
creating it, for the purposes
of Federal jurisdiction.
7449. Conclusively presumed to be a
citizen of the State creating it.
7450. Effect of this rule on domestic
7451. Further of this rule.
7452. Rule where the corporation is
created by the concurrent
legislation of two States.
7453. All the substantial parties must
be of diverse citizenship.
7454. Application of this rule of juris-
diction to joint-stock com-
panies.
7455. Federal jurisdiction in the case
of corporation owned by a
State.
7456. Manner of pleading Federal
jurisdiction.
7457. Further of this subject.
7458. Manner of averring citizenship.
ARTICLE III. REMOVAL OF SUCH ACTIONS FROM THE STATE
TO THE FEDERAL COURTS.
7462. Right of foreign corporations to
remove on the ground of di-
verse citizenship.
7463. Submission to local jurisdiction
does not preclude this right
of removal.
7464. Further of this doctrine.
7465. This right of removal extends
to “tramp corporations.”
7466. Invalidity of stipulations not to
remove.
7467. Further of this subject.