Marine Insurance Company, Ilcarne v. Maryland, Baltimore and Ohio Railroad Company v. 159 Merchants' Mutual Insurance Company v. Baring, Metropolitan Washing Machine Company v. Tool Company, 342 Montello, The Morse, Insurance Company v. Murdock v. City of Memphis, New England Marine Insurance Company, Hearne v. New York Steamship Company, New Orleans v. Providence Tool Company, Washing Machine Company v. 342 Steam Navigation Company, Oregon v. Winsor, Steamship Company, New Orleans v. Stockdale v. The Insurance Companies, The Steamship Company, New Orleans v. . "Twenty per cent. Cases, Union Packet Company v. Clough, Tioga Railroad v. Blossburg and Corning Railroad, Tool Company, Washing Machine Company v. Treat v. Jemison, Troy and Boston Railroad Company, Knapp v. Union Packet Company v. Clough, United States v. Conrad's Lots, . 179 528 115. Washing Machine Company v. Tool Company, Washington, National Bank of, v. Texas Wheeler, The S. B. 543 14 342 72 385 Wilson v. Bell (The Lottawanna), Winsor, Oregon Steam Navigation Company v.. 226 DECISIONS IN THE SUPREME COURT OF THE UNITED STATES, OCTOBER TERMS, 1873 AND 1874. HABICH V. FOLGER. A corporation of New York was declared to be "dissolved" by one of its courts, acting in professed conformity to a statute of the State; and receivers of its assets were appointed. A creditor of the corporation residing in another State sued it there, in "trustee process" (foreign attachment), by which he attached debts due by certain persons (known in the language of the process as "trustees") to the corporation. The corporation, the receivers, and the trustees all appeared by attorney; the trustees answered, and after the corporation and the receivers had contested the claim of the plaintiff so long as they could, the receivers withdrew their opposition, and a formal judgment was entered, which recited that the trustees were charged on their answer. To a scire facias against the trustees to have execution on this judgment, the trustees pleaded that the corporation had been dissolved by a court of New York, to whose proceedings full faith and credit was due under the Constitution. The court below decided that the court of New York had acted in excess of its jurisdiction, and therefore that faith and credit were not due to its proceedings. This decision being the only error assigned, the judgment below was affirmed; this court holding that whether the judgment below was right or wrong was not a matter which concerned the trustees; since the fact of their debt and their obligation to pay it were admitted, and since in the original suit, where the corporation, the receivers, and the trustees were parties, judgment, after full hearing, and with the consent of the receivers, had been entered against the corporation, and the "trustees charged." ERROR to the Supreme Judicial Court of Massachusetts; the case being thus: VOL. XX. (1) |