Oliver Wendell Holmes, Jr.

“ It seems, to be sure, that in September and October the local West Virginia court purported to authorize and confirm a deed by a special commissioner to the receiver, but if the statute did not itself constitute the receiver the universal successor of the corporation (see Chipman v. Manufacturers' Nat. Bank, 156 Mass. 147-149, 30 N. E. 610) , it may be doubted whether the deed had extraterritorial effect. ”

“ The material facts are these. On February 1, 1909, there was filed in a local court of West Virginia a bill for the dissolution of the American Guaranty Company, a corporation of that state. The corporation appeared and consented, and on the same day a decree was entered dissolving the corporation, appointing a receiver to whom Keatley is successor, and directing him to take the steps necessary to secure possession of the company's property within the jurisdiction of the court. ”

“ Rep. 740, applies to the present case, and what may be the merits of the argument against the right to appear in the name of the corporation, if the question is open, cannot be considered until the petitioner's right to present that argument is made out. ”