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TMI Blog1932 (1) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... hom the bank had committed the supervision or management of the affairs of the English branch could continue to use the name of the bank as plaintiffs in an action for the recovery of moneys, alleged to form part of such assets. But for a passage in Lord Finlay s speech in the Mulhouse case, I should have thought that the question was incapable of any but a negative answer. In that case, as in Goukassow's case which immediately follows in the reports, the House of Lords were considering and determining the question whether the respondents upon the construction of the decrees of the Soviet Government there put in evidence, had proved that the Russian Bank was in fact dissolved and', having come to the conclusion that the respondents had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or their recovery, having paid off the debt." I cannot find that statement or any similar one in any of the other speeches, and I do not think there is any authority to support it. Lord Sumner, who read Lord Finlay's speech, did not express any indorsement of it, but entirely agreed with the Lord Chancellor's opinion, in which there was no mention of this sort made. Lord Wrenbury, after stating that had he thought the Soviet decrees effective to extinguish and determine altogether the existence of the Russian corporation there would have emerged another question upon which he should have desired to hear argument, then went on to suggest that notwithstanding the death of the foreign corporation there might possibly survive an association or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of an incorporated body the existence of which depends on the law of the same country ? That question appears to me to have been completely answered by Scrutton, L. J., in his judgment in Goukassow's case, where he says (92 L.J., K. B., at p. 1082; [1923] 2 K. B. at p. 691) : "So in the case of artificial persons, the existence of such a person depends on the law of the country under whose law it is incorporated, recognised in other countries by international comity though its incorporation is not in accordance with their law. If the artificial person is destroyed in its country of origin, the country whose law creates it as a person, it appears to me it is destroyed everywhere as a person. I cannot conceive a company, whose existence an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mere name only with no legal existence." A non-existent person cannot sue, and when I have the admission that the plaintiff bank has long since ceased to exist in Russia I should be disregarding the emphatic opinions expressed by all the members of the Court of Appeal as to the result brought about thereby were I to allow this action to be further prosecuted. When once the Court is made aware that the plaintiff is non-existent and therefore quite incapable of maintaining the action, it is bound to put an end to it. I appreciate, as have all who have had to deal with similar applications, that this judgment, may involve questions as to the ownership of property belonging to the defunct corporation. Bankes, L. J., in Mulhouse's case, expr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ." In view of the question whether there are or can be any continuing members of a dissolved company, the petition I assume would have to be presented bj" a creditor. At the Bar the defendants limited their claim to recover their costs from the solicitors who issued the writ to the costs of this summons but, having regard to the difficulties involved in ascertaining the effect of the Soviet legislation and to the length of time the defendants allowed to elapse before making this application, I think justice will be satisfied if I make an order to stay the action and say nothing about costs, except that the respondent solicitors must pay those of the Attorney-General. Solicitors: Bischoff, Core, Bischoff and Thompson for summons; Gued ..... X X X X Extracts X X X X X X X X Extracts X X X X
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