CORPORATIONS. 691
A receiver held to be entitled to sue in his own name independently of secs. 376
and 378 to 387 of the Code of 1904. Frank v. Morrison, 58 Md. 440.
For a bill of complaint filed under secs. 376 and 377 of the Code of 1904, see
Union Trust Company v. Belvedere Co., 105 Md. 514.
This section referred to in construing sec. 377 of the Code of 1904—see notes to
see. 94. Mowen v. Nitsch, 103 Md. 687; Colton v. Drovers' Bldg. Assn., 90 Md. 93.
Sec. 376 of the Code of 1904 cited but not construed- in Tucker v. Osbourn, 101
Md. 616; Tompkins v. Sperry, etc., Co., 96 Md. 575.
Generally.
The act of 1894, ch. 263, did not change the relations of shareholders to the cor-
poration of which they were members, nor establish any new rule relative to the
proof of the insolvency of a corporation. Insolvency not made out. Steinberger v.
Independent Sayings Assn., 84 Md. 635.
Equity court in Baltimore city has no jurisdiction to wind up and dissolve a cor-
poration doing business and having its principal office in Garrett county. Davis v.
Gemmell, 73 Md. 535. (And see dissenting opinion, page 557.)
This section referred to in construing sec. 94—see notes thereto. Hughes v. Hall,
118 Md. 678.
Sec. 264 (art. 23) of the Code of 1888, cited but not construed in Blackstone v.
State, 117 Md. 238.
Cited but not construed in Preston v. Poe, 116 Md. 5.
See notes to see. 94.
1920, ch. 236.
93. No corporation shall hereafter be dissolved by any decree of any
Court of this State until all taxes due to the State, or chargeable by the
State, have been fully paid and adjusted and the certificate of the Comp-
troller of the Treasury to this effect filed in the proper Court with the pro-
ceedings of the dissolution.
An. Code, sec. 79. 1904, secs. 377, 382, 383. 1888, secs. 269, 270.
1868, ch. 471, secs. 190 and 191. 1896, ch. 349.
1902, ch. 198, sec. 264A. 1908, ch. 240, sec. 54.
94. Whenever any corporation shall be dissolved by the decree of any
court of this State, its property shall vest in its receivers appointed and
named therein, and all preferences, payments and transfers, howsoever
made by it or by any of its officers on its behalf, which would be void or
fraudulent under the provisions of the insolvency laws of this State, if
made by a natural person, shall to the like extent and with like remedies
be fraudulent and void; and for the purpose of setting aside such prefer-
ences, payments and transfers, the receiver of such corporation shall have
all the powers vested in the permanent trustee of an insolvent debtor and
the date of the filing of the petition or bill by or against such corporation
shall, for the purpose of determining the validity of preferences and for
all other purposes, be treated as the date of the filing of the petition in
insolvency by or against a natural person; provided, however, that if any
real or personal property of such corporation shall have been decreed to be
sold by any court of equity for the enforcement of a mortgage, deed of trust
or deed of trust in the nature of a mortgage; or if there be a power of sale
or a consent to a decree for a sale contained in any mortgage, deed of trust
or deed of trust in the nature of a mortgage of real or personal property
made by such corporation, then (unless with the written consent of the
other parties in interest) the receiver of such corporation shall be author-
|
![clear space](../../../images/clear.gif) |