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Mortgages-(Continued).

action to foreclose regularly brought by the trustee in the mortgage.
when the bondholders may sae 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. § 6215.

intervening petitions. § 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. § 6219.

when property and franchises sold as an entirety and when divided. § 6220.
superintending power of the court over the sale. § 6221.

creditors may combine to purchase. § 6222.

§ 6209.

trustee may purchase for the bondholders. § 6223.

power of the trustee to deal with the property so purchased. § 6224.
trnstees 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. § 6227.
proceeds of sale, to whom paid, and how credited on the bonds. § 6228.

further as to the distribution of the proceeds. § 6229.

continued. § 6230.

rights of holders of bonds called in by the company, and reissued. § 6231.

effect of an appeal from the decree of foreclosure. § 6232.

setting aside the foreclosure sale. § 6233.

rights of purchasers pendente lite. § 6234.

what the purchaser at the foreclosure sale acquires. § 6235.

what franchises pass to him. § 6236.

takes free from the debts of the mortgagor. § 6237.

what burdens he assumes. § 6238.

succeeds to what liabilities. § 6239.

succeeds to all public duties. § 6240.

circumstances under which mortgagor remains liable for torts of mortgagee and
purchaser. § 6241.

title of strangers to the record not affected by such sale. § 6242.

barring the equity of redemption. § 6243.

course of procedure ordering foreclosure, but permitting redemption. § 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. § 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. § 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. §§ 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. § 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.

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.

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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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