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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 What law governs, see "Conflict of Laws."
that notice of the time and place of holding
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. $$ 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 8th 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 2d, made an offer to buy defendant's property to one P., who was
Where the treasurer of a corporation, while 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, (lefendant, on October 11th, telegraphed P. that contracts. he would accept the offer in Pi'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, thatfication 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.
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 cornorabecause he is such officer. -Stuart v. Sinith (c. tion's funds, quaere.- Hotchkiss & Upson
Co. v. .C. | . A.) 76.
. C.) 189. CORPORATIONS.
The provisions of Gen. St. Conn. $ 1924, requiring a pledge of corporate stock to be con
summated by transfer on the books, are for the See, also, “Banks and Banking"; "Insurance"; protection of innocent parties, and actual notice
"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 railroader'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. y. 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 Acting county commissioners appointed under to the names of A. and W. Subsequently all 1 Gen. St. Kan. par. 1577, have power to issue 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 without a vote of the electors, to contract for
County commissioners in Kansas have power, v. Oconto Water Co. (D. C.) 1006.
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-organcident thereto will probably render the company ized cities, are not binding obligations of the insolvent, if relief can be given by enjoining county. --First Nat. Bank of Lansdale v. Board the management from further execution of con- of Com’rs of Wyandotte County (C. C. A.) 878. tracts 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 are necessary parties.-Watson v. United States federal statute, and the right so claimed is not Sugar Refinery (C. C. A.) 769.
merely colorable, a federal question is involved,
adequate to confer jurisdiction.-St. Paul, M. A bill by a stockholder 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 patent under which it had been carried on, but action on county warrants payable to certain
The federal courts have jurisdiction of an without stating that that was the controlling 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; | Kearney County v. McMaster (C. C. A.)
177. the county is situated. - Board of Com’rs of
) that the officers had tampered with the books, 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 v. 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
One charged with issuing a free pass for rail-
of the pass or transportation under it-In re
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
at final between "wool" and "worsted” stated in the
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. 8 2902, and section 7 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.
B. loaded libellant's boat at Albany, and con-
dutiable as "embroidered and signed it to himself at New York.
etc., under lies.” B. having sent the boat alongside the
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
Upon an importation of ginger ale in bottles. 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.