E. F. Kirwan Manufacturing Co. v. Truxton

Citations

• 18 Del. 48
• 2 Penne. 48
• 44 A. 427
• 1899 Del. LEXIS 9

Syllabus

<p>Amendment—Pleading—Practice—Demurrer—Comity—Parties— Foreign Corporations—Receivers.</p> <p>1. The defendant may by leave of the Court strike out a plea in bar and substitute therefor a plea in abatement; and also may amend a plea in bar so as to make it a plea in abatement, it being in substance a plea in abatement but lacking the proper form.</p> <p>2. Where receivers of a corporation have been appointed by a court in another State, it is to be presumed that the court had jurisdiction of the cause, and that the appointment was valid.</p> <p>3. The powers conferred by the laws of one State can have no operation in another State except by comity, and therefore a corporation cannot as of right sue in any other jurisdiction, than that from which it derived its corporate powers. The practice, however, is now universal in this country to permit by comity corporations of one State, having the right to sue there, to sue in the courts of another State unless the exercise of that privilege is repugnant to the interests or policy of such State.</p> <p>4. By comity receivers are now generally permitted to maintain suits in other states for the the protection of the interests, and the enforcement of the claims, of the corporations for which they were appointed, provided it would not be contrary to the policy of such states, or detrimental to the interests of their citizens, or of others who have acquired rights there.</p> <p>5. When the laws of the State in which receivers of a corporation are appointed provide that such receivers shall be vested with all the estate and assets of every kind belonging to the corporation, and that suits may be brought and carried on by them, either in their own names and capacities as such receivers, or in the name of the corporation for which they shall have been appointed, such corporation will not be permitted to sue in this State in its own name unless it appears that the suit is brought by the authority of the receivers. To permit it to