Legal Opinion

City Insurance v. Commercial Bank

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 15 opinions

Appeal from, the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was a suit, brought by attachment, by The City Insurance Company of Providence, R. I., against The Commercial Bank of Bristol, for the collection of a debt.

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Appeal from, the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was a suit, brought by attachment, by The City Insurance Company of Providence, R. I., against The Commercial Bank of Bristol, for the collection of a debt. William R. Taylor, the receiver of the bank, appointed as such by the Supreme Court of Rhode Island, appeared and interpleaded, claiming the property as receiver, under the decree, and also moved to quash the writ of attachment. The court found in favor of the party interpleading, and quashed the writ, and the plaintiff appealed.

1Opinion of the CourtJustice Scott

The point is made, that the attachment writ in this case was improvidently issued, and was properly quashed upon other grounds than those relating to the property itself. The reason assigned is, the defendant corporation was civilly dead before the attachment writ was instituted. The proposition asserted is no doubt true, where a corporation surrenders its charter, or where it ceases to exist by the efflux of time, or where its charter is declared forfeited by a judicial tribunal of competent jurisdiction, it can neither sue nor be sued, although the obligation of its contracts survive, and…

2Cases cited3 opinions

  1. Mumma v. Potomac Co.Supreme Court of the United States · 1834
  2. Cooley v. ScarlettIllinois Supreme Court · 1865
  3. Williams v. VanmetreIllinois Supreme Court · 1857

3Cited by15 opinions

  1. Curtis v. ArmagastSupreme Court of Iowa · 1912
  2. Life Ass'n of America v. FassettIllinois Supreme Court · 1882
  3. Peet v. PeetIllinois Supreme Court · 1907
  4. Fitts v. National Life Ass'nSupreme Court of Alabama · 1900
  5. May v. GesellschaftIllinois Supreme Court · 1904

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