Baltimore & Ohio Railroad v. Flaherty

Citations

• 87 Md. 102
• 39 A. 524
• 1898 Md. LEXIS 114

Syllabus

<p>Relief Association—Dissolution—Parties— Receivers—Jurisdiction.</p> <p>An incorporated Railroad Relief Association, shortly before the repeal of its charter, assigned to the Railroad Company all of its assets, to be administered by it for similar purposes. The Association had more than 20,000 members, and all of them, except about 1,000, assigned their interest to the Railroad Company. Under a bill in equity, to which the Association and Railroad Company and the non-assigning members were parties, orders were passed by which the surrender value of the interests of the non-assigning members were ascertained and paid to them and the balance of the fund paid over to the Railroad Company, which conducted a relief department. The Railroad Company was some years afterwards placed in the hands of receivers, by an order of the Circuit Court of the United States. A party, who was a member of the relief department of the Railroad Company, filed a petition in said equity case, asking that the Railroad Company be ordered to pay into Court the amount audited to it for the relief department. Held,</p> <p>1. That the Court had never assumed jurisdiction over the administration of the whole fund of the Relief Association, but only over that portion of it which belonged to the non-assigning members and that consequently petitioner was not entitled to obtain the relief asked for by means of a petition filed in the above-mentioned case.</p> <p>2. That since the Railroad Company had been placed in the hands of receivers by a Federal Court, and that Court had ordered the receivers to continue the operations of the relief department as before, the petitioner must ask relief against the Railroad Company in that tribunal.</p>