The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases, Classified and Fully AnnotatedMills, 1881 - 600 páginas |
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Página 11
... Anglian Railways Company , " and that a bill was then pending in Parliament to give effect to such agreement ; and also that the said Lynn and Ely , Ely and Huntingdon , and Lynn and Dereham Railway Com- · DOCTRINE OF . 11.
... Anglian Railways Company , " and that a bill was then pending in Parliament to give effect to such agreement ; and also that the said Lynn and Ely , Ely and Huntingdon , and Lynn and Dereham Railway Com- · DOCTRINE OF . 11.
Página 23
... gives perfection to it . " And , in Com . Dig . Franchises ( F. 11 ) , it is said : " An act by the major part corporately assembled , is the act of the whole corporation , if assembled in a convenient place , though not in the chapter ...
... gives perfection to it . " And , in Com . Dig . Franchises ( F. 11 ) , it is said : " An act by the major part corporately assembled , is the act of the whole corporation , if assembled in a convenient place , though not in the chapter ...
Página 25
... give effect to the contract , and to enable the one com- pany to grant and the other to take the proposed lease ; and then came the further stipulations , which are incidental to the main stipulation ; viz . , the grant of the lease as ...
... give effect to the contract , and to enable the one com- pany to grant and the other to take the proposed lease ; and then came the further stipulations , which are incidental to the main stipulation ; viz . , the grant of the lease as ...
Página 30
... give this company authority to do that which they are now at- tempting to do , as it seems to me without authority . I mean to express no opinion as to this . What they are doing is this : Under the powers of this act of Parliament ...
... give this company authority to do that which they are now at- tempting to do , as it seems to me without authority . I mean to express no opinion as to this . What they are doing is this : Under the powers of this act of Parliament ...
Página 35
... gives them certain rights and powers and imposes upon them certain duties in reference to the public . It is difficult to say that a corporation cannot bind themselves by a contract , which is ultra the scope of their authority , when ...
... gives them certain rights and powers and imposes upon them certain duties in reference to the public . It is difficult to say that a corporation cannot bind themselves by a contract , which is ultra the scope of their authority , when ...
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The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ... George Washington Field Prévia não disponível - 2015 |
The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ... G. W. Field Prévia não disponível - 2017 |
The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ... G. W. Field Prévia não disponível - 2017 |
Termos e frases comuns
act of Parliament action agents agreement alleged amount application authority Bank benefit bill bind bonds charter city council claim commissioners common seal conferred construction contract Counties Railway Company court court of equity decision deed defendants directors Ditch Company doctrine Dubuque duty Eastern Counties Railway entered equity estopped Eureka Lake Water executed expressly fact franchises funds Gnosall granted ground held highway illegal incorporated interest issued judgment Justice Lake Water Company lease legislature liable loan Lynn and Ely Mayor ment Miners mortgage municipal corporation notes object officers opinion paid pany pari delicto party payment persons plaintiff poration possession principle prohibited promissory notes purchase purpose question quo warranto Railroad Company received recover restrain road rule scrip seal shareholders Shrewsbury Shropshire statute stockholders suit tion town transaction trustees ultra vires unauthorized valid void vote Wabash Railroad warrants
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Página 88 - To exercise by its board of directors, or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt...
Página 98 - ... all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; and by obtaining, issuing, and circulating notes according to the provisions of this title.
Página 481 - ... where it may be gathered from the legislative enactment that the officers of the municipality were invested with power to decide whether the condition precedent has been complied with, their recital that it has been, made in the bonds issued by them and held by a bona fide purchaser, is conclusive of the fact and binding upon the municipality ; for the recital is itself a decision of the fact by the appointed tribunal.
Página 285 - ... provided, that this section shall not be construed to prevent a division and distribution of the capital stock of the company, which shall remain after the payment of all its debts, upon the dissolution of the corporation or the expiration of its charter.
Página 443 - the obligation to do justice rests upon all persons, natural and artificial, and if a county obtains the money or property of others without authority, the law, independent of any statute, will compel restitution or compensation.
Página 91 - Where a corporation is incompetent by its charter to take a title to real estate, a conveyance to it is not void, but only voidable, and the sovereign alone can object. It is valid until assailed in a direct proceeding instituted for that purpose.
Página 361 - Where it is a simple question of authority to contract, arising either on a question of regularity of organization or of power conferred by the charter, a party who has had the benefit of the agreement cannot be permitted in an action founded upon it to question its validity. It would be in the highest degree inequitable and unjust to permit a defendant to repudiate a contract, the benefit of which he retains.
Página 207 - The charter of every corporation that shall hereafter be granted by the Legislature, shall be subject to alteration, suspension, and repeal, in the discretion of the Legislature.
Página 52 - We take the general doctrine to be in this country, though there may be exceptional cases and some authorities to the contrary, that the powers of corporations organized under legislative statutes are such and such only as those statutes confer. Conceding the rule applicable to all statutes, that what is fairly implied is as much granted as what is expressed, it remains that the charter of a corporation is the measure of its powers, and that the enumeration of these powers implies the exclusion of...
Página 96 - Loans (Sec. 5200). —The total liabilities to any association, of any person, or of any company, corporation, or firm for money borrowed, including in the liabilities of a company or firm the liabilities of the several members thereof, shall at no time exceed onetenth part of the amount of the capital stock of such association actually paid in.