Page:Henry Osborn Taylor, A Treatise on the Law of Private Corporations (5th ed, 1905).djvu/713

 CHAP. XIII.] SHAREHOLDERS AND CREDITORS. CHAPTER XIII. LEGAL RELATIONS BETWEEN SHAREHOLDERS AND CREDITORS OF A CORPORATION. Rights of creditors in absence of statutory liability, § 700. Liability incurred by subscribing. Conditions, § 701. Liability in respect of shares issued for property, § 702. Corporate assets a " trust fund " ? Recent cases, § 702a. "Bonus" stock, § 7026. Creditors' remedies, § 703. . Joinder of parties in creditors' bills, §§ 704-706. Appointment of receiver. Assignee in bankruptcy, § 707. Rights of creditors against share- holders improperly withdrawing corporate funds, § 708. Shareholders, in what respects trus- tees for creditors, §§ 709-711. Classes of statutes imposing personal liability, § 712. Return of unsatisfied execution against the corporation, § 713. Nature of statutory liability, §§ 714- 716. Shareholders not left, but made lia- ble, § 717. To what shareholders statutory lia- bility attaches, §§ 718-720. Creditors the proper parties to sue, §721. Necessary averments in pleading, §§ 722, 723. Performance by creditor of condi- tions precedent, § 724. Joinder of parties, § 725. Distinction, § 726. Liability of shareholders in national banks, § 727. Extinguishment of liability, § 728. Set-off. Unpaid subscriptions, § 729. Set-off. Dividends improperly re- ceived, § 730. Set-off. Statutory liability, §§ 731, 732. When shareholder, who is also a creditor, cannot sue another share- holder at law, § 733. Liability for debts of a particular class. "Debts," §734. Waiver or repeal of statutory lia- bility. Substantial compliance with statute, § 735. Statute of limitations, § 736. Effect of judgment against corpora- tion, § 737. Shareholders cannot deny corporate existence, § 738. Nor can the creditor ordinarily, §739. Who are shareholders as to creditors, §740. Transferee of shares as collateral security, § 741. Real owner of shares liable, § 742. Rationale, § 743. Fraud, when no defence, § 744. Releases, no defence, § 745. Compromises : forfeitures, § 746. Effect of transfers of shares. Trans- fers to the corporation, § 747. Irregular transfers, § 748. Transfers in fraud of creditors, §749. Relations between shareholders and creditors on winding up. Divi- dends, § 750. On dissolution, § 751. 693