The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases, Classified and Fully AnnotatedMills, 1881 - 600 halaman |
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Halaman 19
... ground that it amounts to non est factum . ] No : the general demurrer was the result of an arrangement between the parties . 1. The directors have entered into this contract under the common seal of the company . If a contract thus ...
... ground that it amounts to non est factum . ] No : the general demurrer was the result of an arrangement between the parties . 1. The directors have entered into this contract under the common seal of the company . If a contract thus ...
Halaman 28
... ground that it was not competent to them to accept a bill of exchange , that being in contravention of the acts relating to the Bank of England ; and this was held to be a good defense . And HOLROYD , J. , said : " I take it to be clear ...
... ground that it was not competent to them to accept a bill of exchange , that being in contravention of the acts relating to the Bank of England ; and this was held to be a good defense . And HOLROYD , J. , said : " I take it to be clear ...
Halaman 29
... ground upon which the cases , one and all , have proceeded . We may assume , therefore , that where a statute makes a contract illegal it is notice to all the world , and all are bound by the illegality of the transaction . It is idle ...
... ground upon which the cases , one and all , have proceeded . We may assume , therefore , that where a statute makes a contract illegal it is notice to all the world , and all are bound by the illegality of the transaction . It is idle ...
Halaman 36
... ground that the thing done was one which they had no legal authority to do , is a very different question from whether they can enforce an executory contract which has been entered into without legal authority . ] The act of creating ...
... ground that the thing done was one which they had no legal authority to do , is a very different question from whether they can enforce an executory contract which has been entered into without legal authority . ] The act of creating ...
Halaman 44
... ground that the lease by the Millville and Glassboro Railroad Company to the plaintiffs was ultra vires , and directed the jury to return a verdict for the defendant . The plaintiffs duly excepted and sued out this writ . They assign ...
... ground that the lease by the Millville and Glassboro Railroad Company to the plaintiffs was ultra vires , and directed the jury to return a verdict for the defendant . The plaintiffs duly excepted and sued out this writ . They assign ...
Edisi yang lain - Lihat semua
The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ... George Washington Field Pratinjau tidak tersedia - 2015 |
The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ... G. W. Field Pratinjau tidak tersedia - 2017 |
The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ... G. W. Field Pratinjau tidak tersedia - 2017 |
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.