Ordway v. Central National Bank
Court of Appeals of Maryland
Appeal from the Baltimore City Court. This was an action of debt brought for the recovery of twice the amount of the interest paid on certain loans or discounts, on the ground that the interest so taken was at a rate exceeding that allowed by the laws of the State of Maryland; and it is grounded on the 30th sec. of the Act of Congress, 1864, Session 1, ch. 106, under which the corporation named as defendant was incorporated.
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Appeal from the Baltimore City Court. This was an action of debt brought for the recovery of twice the amount of the interest paid on certain loans or discounts, on the ground that the interest so taken was at a rate exceeding that allowed by the laws of the State of Maryland; and it is grounded on the 30th sec. of the Act of Congress, 1864, Session 1, ch. 106, under which the corporation named as defendant was incorporated. The suit was instituted on the 19th November,-1875, when the original declaration was filed, but by agreement, stands as if it had been commenced on 25th July, 1874. On…
1Opinion of the CourtAlvey, J.
If it be true, as suggested by the appellee, that the corporation was actually dissolved at the expiration of six months from the 15th of July, 1874, then, of course, this action must abate; for it is perfectly well settled that a suit can no more be prosecuted and judgment recovered against a dead corporation than against a dead man. Mumma vs. The Potomac Co., 8 Pet., 281 ; Nat. Bk. vs. Colby, 21 Wall., 615.
But has the corporation been dissolved ? We think not. It has suspended active operations as a banking association ; has resolved to go into a state of liquidation ; has deposited the…
2Cases cited7 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Kennedy v. GibsonSupreme Court of the United States · 1869
- Mumma v. Potomac Co.Supreme Court of the United States · 1834
- National Bank v. ColbySupreme Court of the United States · 1875
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3Cited by33 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Parker v. Bethel Hotel Co.Tennessee Supreme Court · 1896
- State v. BarnesCourt of Appeals of Maryland · 1974
- Grier v. Kansas City, Clay County & St. Joseph Railway Co.Supreme Court of Missouri · 1921
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