Irvine v. Baker

Citations

• 225 F. 834
• 1915 U.S. Dist. LEXIS 1317

Syllabus

<p>1. Receivers @=210'—Powers—Right to Sue.</p> <p>Under Ohio statute empowering receivers appointed by Ohio courts of insolvent corporations to sue in other states to collect stockholders’ liabilities assessed against nonresident stockholders by the Ohio court, a receiver appointed by an Ohio court of an insolvent corporation has authority to sue in the federal court sitting in a sister state to recover assessments against stockholders made by the court of Ohio under the Constitution and statutes of Ohio defining the liability of stockholders.</p> <p>[Ed. Note.—For other cases, see Receivers, Cent. Dig. §§ 417-420; Dec. Dig. @=210.]</p> <p>2. Corporations @=261—Liability oe Stockholders—Assessments—Conclusiveness.</p> <p>Personal notification and presence of stockholders are not necessary as far as the conclusiveness of an asssessment of their liability is concerned, and apart from defenses personal to them under statutes providing methods for the enforcement of the liability, unless the statute require personal notification and presence, and ordinarily the corporation represents the stockholders for the purposes of ah assessment, and the presence of the corporation is the presence of the stockholders.</p> <p>[Ed. Note.—For other cases, see Corporations, Cent. Dig. §§ 1076-1083, 2273 ; Dec. Dig. @=261.]</p> <p>3. Corporations @=259—Insolvent Corporations—Liability oe Stockholders—Actions—Statutes.</p> <p>An action begun under Rev. St. Ohio 1890, § 3260, as amended by Act March 22, 1894 (91 Ohio Laws, p. 88), for the enforcement of an assessment against stockholders, by service on the corporation which appeared, and pending when the section was amended by Act April 16, 1900 (94 Ohio Laws, p. 859), changing the system of enforcing the liability of stockholders, and applicable to pending actions, will be deemed to have been prosecuted under the amendment of 1900, especially where the re'cord indicates that the court proceeded under the act of 1900.</p> <p>[Ed. Note.—F