Delaware v. Gray
Delaware v. Gray
Opinion of the Court
The motion to dismiss the appeal must be denied. A receiver is regarded as an executive officer of a court of chancery. The property held by him, under the proceedings, is held for the benefit of whomsoever may ultimately establish title to it. He is therefore required to protect the estate from claims not lawfully allowable. As suggested by respondent, in support of its motion to dismiss the appeal, a receiver, acting within the scope of his authority as given by the court, incurs no personal liability. But, in protecting the estate against liabilities the legality of which is seriously challenged, a receiver, in this state, may appeal as a “party aggrieved,” from an order in the suit, when authorized to do so by the court. McKinnon v. Wolfenden, 78 Wis. 237, 47 N. W. 436; Beach, Receivers, §§ 295 and 722; Pickering v. Richardson, 57 Wash. 117, 106 Pac. 614.
At the time of determining the merits of the respondent's claim, the trial court authorized the receiver to take an appeal from its decision to this court. By some oversight that order was not entered in the' minutes, but after the appeal was taken, the receiver, under provisions of sec. 274.32, Stats., made proper application for completion of the record so as to show that an appeal was authorized, and such order was duly made. We are of the opinion that this requires a denial of respondent’s motion.
Both corporations came into existence by virtue of the laws of the state of Delaware. In order to continue as corporate entities, they were required by the laws of that state to pay the franchise taxes which fell due while such existence was maintained. This existence so continued until April 1, 1934. These franchise taxes not having been paid when they accrued, the appellant failed to pay charges for which the corporations were liable. These fees were expenses of administration within the terms of the order, as well as “taxes of such an order that the corporation, by failing to pay them,” could not lawfully use its corporate existence in the conduct of the business.
It is suggested, because the statute of the state of Delaware declares the franchise tax to be a debt for which the state is entitled to a preference in case of insolvency, it leaves the claimant with only a right to priority over general creditors, but they were not obligations incurred by the corporations prior to receivership. The receiver exercised a right granted by the state of Delaware, the right to operate the corporations under the corporate names, for the exercise of which
By the Court. — Order affirmed.
Reference
- Full Case Name
- State of Delaware v. Gray, Receiver
- Status
- Published