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no proceedings have been taken to terminate its
existence, it may maintain a suit for infringeSee, also, “Arbitration and Award"; "Bonds"; ment of the patent, notwithstanding that de
"Indemnity"; "Insurance"; "Interest”: “Land fendant questions its corporate existence on the
Officers and agents.
A by-law of a New York corporation required
that notice of the time and place of holding What law governs, see “Conflict of Laws."
elections for directors "shall be published not Plaintiff received an option from defendant less than 20 days previous thereto." Code Civ. to buy defendant's property within six months. Proc. N. Y. 88 787, 788, provide that in computPlaintiff did not do so, and the option was not ing the time for publication of legal notices, etc., extended, but plaintiff, with defendant's en- | the first day shall be excluded and the last incouragement, continued to make efforts to obtain cluded. Held, that the rule of the statute capital for the purchase, and after a considera- should be applied by analogy to the notices of ble time succeeded, but upon his offering to com- election, and that a publication on the 8tb was ply with the option defendant declined. Held, a sufficient notice of an election held on the that no binding contract ever came into exist | 28th.-The Vigilancia (D. C.) 781; The Segurence. - McConkey v. Peach Bottom Slate Co. anca, Id.; The Allianca, Id.; The Advance, Id.: (C. C. A.) 830.
Atlantic Trust Co. v. Proceeds of The Vigilan
cia, Id. Complainants, on October 20, made an offer
Where the treasurer of a corporation, while to buy defendant's property to one P., who was authorized to receive and transmit offers and negotiating for the discount of the corporation's replies. P. telegraphed the substance of the paper, was informed of a pledge by the presioffer, but not the exact terms, to defendant, on his own note, held, that the corporation had ac
dent of the corporation of his stock to secure the same day. On October 10th complainants tual notice of the pledge.-Hotchkiss & Upson made another offer to P., varying in some partic-| Co. v. Union Nat. Bank (C. C. A.) 76. ulars. Before this was communicated to him, defendant, on October 11th, telegraphed P. that contracts. he would accept the offer in P.'s telegram of October 2d. P. then indorsed an acceptance on poration without authority, and verore its rati
Where a mortgage is made by officers of a corcomplainants offer of October 10th. Held, that fication a lien accrues on the property sought there was no meeting of the minds of the par- to be mortgaged, the mortgage does not take ties.-Kleinhans v. Jones (C. C. A.) 742.
precedence of such lien.-National Foundry &
Pipe Works v. Oconto Water Co. (D. C.) 1006. Contributory Negligence. The fact that the stockholders in two corporaSee "Master and Servant"; "Negligence."
tions are the same, or that one corporation controls the other, does not make either corporation
responsible for the contracts of the other.-RichConveyances.
mond & I. Const. Co. v. Richmond, N., I. & B. See "Mortgages."
R. Co. (C. C. A.) 105.
Whether the provisions of Gen. St. Conn. $
1923, giving corporations a lien on their stock An officer of a responsible corporation should for debts due from the stockholders, applies, as not be held liable, alone, for acts of the corpo- against a pledgee by unrecorded transfer, to ration in infringement of a copyright, merely lebts arising from embezzlement of the corporabeca use he is such officer. -Stuart v. Smith (c. tion's funds, quaere. ---Hotchkiss & Upson Co. v. C.) 189.
Union Nat. Bank (C. C. A.) 76.
The provisions of Gen. St. Conn. § 1924, re
quiring a pledge of corporate stock to be conSee, also, “Banks and Banking"; "Insurance";| protection of innocent parties, and actual notice
summated by transfer on the books, are for the "Municipal Corporations"; "Railroad Compa- is equivalent to transfer.-Hotchkiss & Upson nies."
Co. v. Union Nat. Bank (C. C. A.) 76.
Members and stockholders.
Where two parties, owning a tract of inaccesdeposit with state auditor before accepting owning additional tracts, joined in building a trusts does not apply to a mere mortgage railroad to reach the lands, by means of a railFarmers' Loan & Trust Co. v. Chicago & N. P. road company in which each took half the stock, R. Co. (C. C.) 412.
and afterwards the one owning the additional Where a corporation has been organized, and lands purchased the timber rights of the other, has taken title to a patent (which action is ap- and exhausted all timber in reach of the road as parently within the scope of its powers), and built, held, that the other party was not entitled,
as a stockholder in the railroad company, to en
COSTS. join it from building an extension to reach the additional tracts, on the ground that the exten- Where the amount of a decree is reduced on sion was exclusively for the benefit of the own- appeal for an apparent error in the commissioners of those tracts, who controlled the railroad er's report, which was not excepted to below, directory, ard against the interests of the stock
such a reduction should not affect the costs.holders. Bucksport & E. R. R. Co. v. Edin-Western Assur. Co. v. Southwestern Transp. burgh & S. F. Redwood Co. (C. C. A.) 972,
Co. (C. C. A.) 923. In general, a purchaser of corporate stock is
When a judgment is reversed and the cause not allowed to attack the prior acts and man- ordered dismissed because the record failed to agements of the corporation.-United Electric show jurisdiction, all the costs, both of the cirSecurities Co. v. Louisiana Electric Light Co. cuit court and of the appellate court, should be (C. C.) 673.
taxed against plaintiff.-Sneed v. Sellers (C.
C. A.) 729.
COUNTIES. signed by the subscribers to A. and W., as collateral for advances. The stock was transferred to the names of A. and W. Subsequently all 1 Gen. St. Kan. par. 1577, have power to issue
Acting county commissioners appointed under interest of the subscribers was assigned to dum-county warrants for ordinary expenses.--Board mies for A. and W. Held, that A. and W. be- of Com’rs of Kearney County v. McMaster (C. came absolute owners of the stock, and liable to C. A.) 177. creditors of the corporation for the amounts unpaid on it.-National Foundry & Pipe Works
County commissioners in Kansas have power, v. Oconto Water Co. (D. C.) 1006.
without a vote of the electors, to contract for
the erection of cells in a jail building.-Pauly Receivers.
Jail-Building & Manufacturing Co. v. Board of A court has no power to authorize the receiver Com’rs of Kearney County (C. C. A.) 171. of a merely private corporation to issue certifi- Road-improvement certificates issued by percates to be a paramount lien on its property.- sons purporting to act as road commissioners Fidelity Insurance, Trust & Safe-Deposit Co. v. under Laws Kan. 1887, c. 214, for improvements Roanoke Iron Co. (C. C.) 623.
on thoroughfares which are not in fact county A receiver of a corporation will not be ap- roads, but are either located on private property pointed, when the extraordinary expenses in
or are streets within the limits of duly-organinsolvent, if relief can be given by enjoining of Com’rs of Wyandotte County (C. C. A.) 878. cident thereto will probably render the company ized cities, are not binding obligations of the
v. the management from further execution of contracts resulting in the diversion of corporate funds.-United Electric Securities Co. v. Louisiana Electric Light Co. (C. C.) 673.
See, also, "Removal of Causes.” It seems that the voluntary dissolution of a A term of a United States circuit court does corporation while its creditors are pursuing it in not necessarily end at the opening of a term the courts should be viewed with suspicion.-- held at another place in the same district.--East Frank v. Wedderin (C. C. A.) 818.
Tennessee Iron & Coal Co. v. Wiggin (C. C. A.)
446. Where a bill for dissolution of a corporation, and accounting, seeks to have full payment Federal courts. made to the complaining stockholder for his investment before any payment to the transferees
If it appears that, in any aspect a case mayasof certain other stockholders, such transferees sume, the right of recovery may depend on a
federal statute, and the right so claimed is not are necessary parties.-Watson v. United States Sugar Refinery (C. C. A.) 769.
merely colorable, a federal question is involved,
adequate to confer jurisdiction.-St. Paul, M. A bill by a stockhoider seeking dissolution of & M. Ry. Co. v. St. Paul & N. P. R. Co. (C. C. a corporation, and accounting, alleged that A.) 2; St. Paul & N. P. R. Co. v. St. Paul, M. business had been suspended, "among other & M. Ry. Co., Id. things,” because of the worthlessness of a pat
The federal courts have jurisdiction of an ent under which it had been carried on, but without stating that that was the controlling
action on county warrants payable to certain reason; that the officers were misapplying the payees, or bearer, if the assignee who brings funds, but without stating that any effort had the action is a nonresident of the state in which been made
to have the corporation bring suit: the county is situated. - Board of Com’rs of that the officers had tampered with the books: Kearney County v. McMaster (C. C. A.) 177. but without stating in what manner; that cer- Diverse citizenship between the original partain assets had not been entered in the books, ties will not give jurisdiction of a controversy but without charging concealment or intention between an intervener and defendant, citizens al wrong. Held, that the allegations were too of the same state, where the property in congeneral and indefinite to justify granting re- troversy is not drawn into the court's posseslief.-Watson v. United States Sugar Refinery sion.-United Electric Securities Co. v. Louis(C. C. A.) 769.
iana Electric Light Co. (C. C.) 673.
The federal courts do not acquire jurisdiction States, is within the jurisdiction of the supreme
The mere fact that a defendant in ejectment
Collateral or ancillary suits.
While property is held in the possession of a
A suit instituted in a federal court on the
Jesup (C. C. A.) 263.
In a dependent or ancillary suit in a federal
diverse citizenship.-Compton . Jesup (C. C.
A state law exempting a receiver appointed A decision of a state supreme court sustaining
an independent judgment in regard thereto.
Bradley v. Fallbrook Irrigation Dist. (C. C.)
uses for which private property is authorized to
be taken by a state statute are public uses,
Jesup (C. C. A.) 263.
ency of the former, by a party thereto.-Foster one for which an offender arrested elsewhere
may be removed, under Rev. St. $ 1014, to such
of the pass or transportation under it.-In re
and to take the place of
Where language of a statute is explicit, it must
dress goods” are not manufactures of wool,”
but of "worsted."-Murphy v. United States
(C. C.) 908.
Paragraph 297, postponing reduction of duty
the act of 1894.-Murphy v. United States (C.
The lien of the government for the payment
ing part for all the duties due.- Hendricks v.
Schmidt (C. C. A.) 425.
Under Rev. St. § 2902, and section 7 of the
In assessing duty, under paragraph 248 of the
bottles, the value of the bottles cannot be added
licensee under a patent are the same as those
other stipulations.-Bonsack Mach. Co. v. S. F.
Hess & Co. (C. C. A.) 119.
Ladies' kid gloves embroidered with more than
B. loaded libellant's boat at Albany, and con-
ber was received, but it appeared that the same
was received as soon as the customary permit
purchaser's orders as to the time of sending the
boat alongside, B. was personally bound to in-
demnify the purchaser.-Salisbury v. Seventy
Of alien, see "Aliens."
A statute legitimating bastard children on the
riage relate back to the birth of the oldest child,
so as to affect property.-Hatch v. Ferguson (C.
C. A.) 43.
Of corporation, see "Corporations.
Of partnership, see "Partnership."
As evidence, see "Evidence.”
Due Process of Law.