The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases, Classified and Fully AnnotatedMills, 1881 - 600 páginas |
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Página 20
... statute , as the obligee well knew , the pleas not disclosing any fraud or any injury done to the shareholders . Lord TENTERDEN there said : " I am not prepared to say that the company might not have been liable upon these bonds , even ...
... statute , as the obligee well knew , the pleas not disclosing any fraud or any injury done to the shareholders . Lord TENTERDEN there said : " I am not prepared to say that the company might not have been liable upon these bonds , even ...
Página 28
... statute , it is an available security in the hands of such person . I think , therefore , that , as the statute here does not expressly avoid the security , the bill of exchange , under the circumstances stated in Wigan v . Fowler , 1 ...
... statute , it is an available security in the hands of such person . I think , therefore , that , as the statute here does not expressly avoid the security , the bill of exchange , under the circumstances stated in Wigan v . Fowler , 1 ...
Página 29
... statute ; and that distinguishes the case from the case of Wigan v . Fowler . ” That is the ground upon which the cases , one and all , have proceeded . We may assume , therefore , that where a statute makes a contract illegal it is ...
... statute ; and that distinguishes the case from the case of Wigan v . Fowler . ” That is the ground upon which the cases , one and all , have proceeded . We may assume , therefore , that where a statute makes a contract illegal it is ...
Página 38
... statute 6 & 7 W. 4 , c . cvi . , the first section of which enacts that certain persons shall be united into a company for making and maintaining the railway mentioned in that section , and other works by that act authorized , and for ...
... statute 6 & 7 W. 4 , c . cvi . , the first section of which enacts that certain persons shall be united into a company for making and maintaining the railway mentioned in that section , and other works by that act authorized , and for ...
Página 39
... statute . Indeed , it is not contended that a com- pany so constituted can engage in new trades not contemplated by their acts ; but it is said they may embark in other under- takings , however various , provided the object of the ...
... statute . Indeed , it is not contended that a com- pany so constituted can engage in new trades not contemplated by their acts ; but it is said they may embark in other under- takings , however various , provided the object of the ...
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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
Passagens mais conhecidas
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.