Volume 107 — Oregon Reports

<p>Corporations — Transitory Action Against Corporation must be Brought Where Cause Arose or Where It has Its Principal Office.</p> <p>1. Under Section 55, Or. L., a transitory aetion or suit against a domestic corporation must, unless waived, be brought either in the county where the cause of aetion arose or in the county where it has its principal office or place of business.</p> <p>Corporations — Eight to be Sued in Different County Waived by Appearing by Attorney and Filing Demurrer.</p> <p>2. The right of a domestic corporation to insist upon its statutory exemption from being sued in a county other than that in which it has its principal office or place of business, or in which the cause of aetion arose, is a personal privilege that may be waived, and, in view of Sections 542, 1075, Or. L., was waived by voluntarily appearing by attorney and filing a general demurrer to the complaint, and joining in the request for the appointment of a receiver, notwithstanding the rule that jurisdiction cannot be conferred by consent.</p> <p>Corporations — Appointment of Eeceiver Binding When Consented to and Acquiesced in by Corporation.</p> <p>3. Where a corporation in a suit for the appointment of a receiver for it consented to the appointment, and ever thereafter acquiesced therein, the appointment was binding upon it and upon every stockholder thereof.</p> <p>Corporations — Under Statute, Court Authorized to Appoint Eeceiver on Sole Ground That Corporation Insolvent.</p> <p>4. Under Laws of 1913, page 676, Section 21, prior to its amendment by Laws of 1915, page 495, the court was authorized to appoint a receiver for an insolvent corporation on the sole ground that it was insolvent in a suit brought by the Attorney General on request of the corporation commission.</p> <p>Corporations. — Stockholder Held Barrel by Laches from Objecting That Complaint on Which Eeceiver Appointed Did not Allege Particular Statutory Prerequisite.</p> <p>5. Where, in a suit for the appointment of a receiver under a statute (Laws 1913, p. 676, § 21) designed to protect the public from the purchase of worthless stock and other securities of insolvent corporations, the corporation joined in the application for the appointment of a receiver, and, though demurring to the complaint, never insisted on a hearing on the demurrer, and a receiver was appointed and the property of the corporation sold to a new corporation whose stockholders could not be placed in statu quo, and large sums of money have been expended in reliance on the validity of the order and the proceedings in such suit, a stockholder held barred by his laches, neglect and delay from objecting ten years after the appointment and nearly seven years after the sale that the petition did not allege that the Attorney General before suing made an examination and found therefrom that the facts as presented to him by the corporation commission were substantiated as required by the statute.</p> <p>3. Appointment of receiver when consented to and acquiesced in by corporation, see note in 20 L. E. A. 213.</p>

From Multnomah: John McOourt, Judge. The plaintiff brought this action to recover on two promissory notes given by the defendants as a part of the consideration agreed to be paid by the defendants to the plaintiff for the purchase of a drug-store from the plaintiff by the defendant, H. F. Stryker.

From Baker: Gustav Anderson, Judge. T. R. Sheridan was the owner in fee of a lot situate in the town of Homestead in Baker County, Oregon, and of a composition frame building thereon and of the fixtures and a stock of merchandise in the building, also other personal property hereinafter mentioned. On August 5, 1921, he insured the same in the defendant company for $3,200, and on September 13th of that year the insured-property was wholly destroyed by fire.