Mortgages-(Continued). action to foreclose regularly brought by the trustee in the mortgage. § 6209. 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. 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. creditors may combine to purchase. § 6222. trustee may purchase for the bondholders. § 6223. power of the trustee to deal with the property so purchased. § 6224. trustees 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. continued. § 6230. rights of holders of bonds called in by the company, and reissued. § 6231. 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. 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- 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. § 6260. creating liens on the property which take precedence over prior mortgages. priorities of bonds under the same mortgage where the issue is limited. § 6262. § 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. 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. 1. 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- corporation may sue in its own name on promise made to its officers for its benefit. distinction between cases where the agency is disclosed and where it is con- bank may sue on commercial paper made payable to its cashier. § 7592. doctrine that action may be brought either in the name of corporation or promise made to trustees of unincorporated concern suable by trustees. § 7595. corporation party to contract in wrong name suable by it in right name. 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. § 7602. action in whose name 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- circumstances under which comptroller may appoint receiver under act of 1876. action of comptroller in appointing receiver conclusive upon debtors. § 7266. effect of appointment on rights of action by and against bank. § 7268. effect of judgments against national banks in the hands of receivers. § 7269. statute prohibits attachments after insolvency. § 7274. continued: attempted distinction in cases where bank not insolvent. § 7276. 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. 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. 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. 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. 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. 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. 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. 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. general theory of civil liability for negligence. § 6340. cases not resting in contract-grounds of liability in. § 6341. damages awarded upon the taking of private property for public use do not nor does the purchase-money where the land is voluntarily conveyed. § 6344. 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. 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. 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. 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- 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. |