Linville v. Hadden & Co.

Citations

• 88 Md. 594
• 43 L.R.A. 222
• 41 A. 1097
• 1898 Md. LEXIS 234

Syllabus

<p>Receivers — Effect of Appointment — Attachment in this State of Property of Foreign Corporation in the Hands of a Receiver — Estoppel.</p> <p>After the appointment of a receiver for a' foreign corporation, none of its officers have power to transfer its assets in this State or to ratify a transfer previously made.</p> <p>Creditors of a foreign corporation for which a receiver has been appointed may proceed by attachment in this State to enforce their claims against the assets of the corporation, whether such creditors be citizens of this State or of any State other than that in which the receiver was appointed.</p> <p>A receiver was appointed for a foreign insolvent corporation in the State of its domicil, and a creditor sued out an attachment in this State against assets of the corporation situated here. Subsequently, the creditor filed his claim with the foreign receiver, expressly reserving his right to proceed with the attachment in this State. Held, that under these circumstances the creditor was not estopped from proceeding with the attachment suit because he had filed his claim with the receiver.</p>