The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases, Classified and Fully AnnotatedMills, 1881 - 600 halaman |
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Halaman 66
... existence ; or whether the contract is entirely foreign to that purpose . " * * " According to these wise and now well established principles the appellants had no power to bind themselves by such a contract as that attempted to be ...
... existence ; or whether the contract is entirely foreign to that purpose . " * * " According to these wise and now well established principles the appellants had no power to bind themselves by such a contract as that attempted to be ...
Halaman 76
... existence of certain extrinsic facts , resting peculiarly within the knowledge of the corporate offi- cers , then the corporation would be estopped from denying that which , by assuming to make the contract , it had virtually affirmed ...
... existence of certain extrinsic facts , resting peculiarly within the knowledge of the corporate offi- cers , then the corporation would be estopped from denying that which , by assuming to make the contract , it had virtually affirmed ...
Halaman 78
... existence . And it does not show upon its face that the savings bank has any interest in the stock , or any connection with it whatever . The Lewiston Institution for Savings be- came insolvent in May , 1876 ; commissioners were ...
... existence . And it does not show upon its face that the savings bank has any interest in the stock , or any connection with it whatever . The Lewiston Institution for Savings be- came insolvent in May , 1876 ; commissioners were ...
Halaman 79
... existence . " MARSHALL , C. J. , in Dartmouth College v . Woodward , 4 Wheat . , 518 , 636 . " An incidental power is one that is directly and immedi- ately appropriate to the execution of the specific power granted , and not one that ...
... existence . " MARSHALL , C. J. , in Dartmouth College v . Woodward , 4 Wheat . , 518 , 636 . " An incidental power is one that is directly and immedi- ately appropriate to the execution of the specific power granted , and not one that ...
Halaman 85
... existence of the lien . Had the mortgage not been delivered nor anything said about it the bank , on failure of the maker to pay the note , would have been entitled to the lien ( Green v . Hart , 1 Johns , N. Y. , 590 ; Chappel v ...
... existence of the lien . Had the mortgage not been delivered nor anything said about it the bank , on failure of the maker to pay the note , would have been entitled to the lien ( Green v . Hart , 1 Johns , N. Y. , 590 ; Chappel v ...
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The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ... George Washington Field Pratinjau tidak tersedia - 2015 |
Istilah dan frasa umum
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
Bagian yang populer
Halaman 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...
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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...
Halaman 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.