The Modern Law of Railways: As Determined by the Courts and Statutes of England and the United States

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Bancroft-Whitney Company, 1890 - 1544 halaman
 

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The rights and duties of trustees in possession of the mortgaged property
59
Of the ownership of the defendant
65
CHAPTER XIX
76
89 The samo subject continued and illustrated
89
Of acts which constitute a taking
90
AND HEREIN OF HIS RIGHTS DUTIES AND LIABILITIES
91
The same subject continued Free passes Equal accommoda
93
Pleading evidence etc 945 Who may recover
97
Greater charge for shorter than for longer haul forbidden
100
Elements of damago
110
The rights acquired are present and permanent
121
Obligation of railway company to supply suitable and sufficient
125
CHAPTER XXX
127
Defective appliances for transportation
143
Injuries arising from directions of the carriers employees
163
Of the taking of streets for tramways 809 Of the taking of streets for elevated milways 810 Of compensation to abutting proprietors the fee of the str...
181
Injuries resulting in death
187
1
199
Interstate Commerce Commissioners
222
Description of the land taken
233
Introduction
239
CHAPTER XXXI
247
Of statutes relating to reorganization
287
THE ISSUE OF STOCK
289
OF THE MEASURE OF COMPENSATION AND OF DAM AGES
306
The measure of compensation for lands appropriated 814 Of compensation for the condemnation of buildings 815 Peculiar adaptability or prospect...
319
CHAPTER XII
327
Transfer by mortgage and pledge
334
Enhanced value from construction of road 818 The measure of damages to the unappropriated residue 819 Of single and disconnected properties 8...
341
CHAPTER XIII
371
CHAPTER XIV
389
The same subject continued
390
Measure of damages for refusal to carry 8 917 Measure of damages for delay 918 Special damages for loss resulting from delay 949 Measure of da...
391
The corporation may refuse registration to both of two claimants
397
CHAPTER XV
423
CHAPTER XVI
440
Whether the company may inquire into the purpose of the trans
441
Of the number of directors
456
Qualifications of directors at common
457
Statutory qualifications of directors
458
The election of an unqualified person voidable merely
459
460 Disqualification after election
460
Of the election of directors
461
Of the term of office of directorsExpiration of not a revocation of authority of agentHolding over
462
Of the removal of directors officers and agents
463
Of supplying vacancies
464
Directors meetingsOf the place and time
465
Directors meetingsOf notice
466
Directors meetings OrganizationProceedingsMinutesPre sumption of regularity
467
The extent of the powers of directorsThe general rule
468
The same subject continuedCertain powers enumerated
469
The same subject continuedCertain acts not to be done by the directors
470
The discretion of directors not to be questioned
471
The kea enforceable for the benefit of the company alone
472
Of the delegation of powers to committeesThe English statute
473
The appointment of agents need not be under seal nor by formal vote
474
The fiduciary relation of directors to the corporation and its cred itors
475
Of transactions between two companies having directors in
476
mon 477 Of transactions between directors and the corporation
477
Of loans made by the directors to the corporation
478
Of secret profits by directors in dealings with the corporation
479
Of the companys election to avoid or enforce transactions with directors
480
Directors to be restored to their original position when the trans action is set aside
481
Of the president
482
CHAPTER XVII
483
Of the compensation of directors and the president
484
Of the compensation of other officers and agents
485
The degree of diligence required of directors officers and agents
486
Directors not personally liable on contracts within their power to make
487
Ultra vires acts apparently in fra vires
513
Accepting the fruits of the contract a bar to pleading ultra vires
523
Laches as a bar to pleading ultra vires III
524
Of illegal corporate acts
525
Of acts illegal as against public policy
526
The same subject continuedO lobbying
527
The same subject continuedOf pools
528
The same subject continuedO trusts
529
Evidence
534
Of condemnation and sale of stock of dissenting shareholders
541
The same subject continuedUpon debts beyond the charter
550
Of the owners remediesa Under the statute
561
the company
586
Statutes authorizing borrowing and mortgaging
604
CHAPTER XX
607
Of transportation beyond termini 531 of running privileges 8 532 Of the compensation for running privileges 533 No estoppel with respect to illeg...
608
Legislative recognition of ultra vires mortgage
610
What property is covered by a mortgage
616
g Of earnings
623
Of the removal of mortgage trustees
630
Of recitals and references in mortgages bonds and coupons
634
The requisite certainties of negotiability
640
INJURIES TO PERSONS AND PROPERTY 968 Injuries to property by fire 969 Injuries to cattle
642
Of days of grace
649
CHAPTER XXI
651
Introductory
652
Espress legislative authority requisite to valid consolidation
654
Public policy adverse to consolidation of competing railways
656
The manner of effecting consolidation under the New York statute
658
The rights of dissenting shareholders
660
The right of a bondholder to institute suit upon the failure of the trustees to
667
The right of entry not exclusive of other remedies II
668
Of charges superior to the mortgage lienCurrent expenses
669
The requisites of current claims
670
The same subject continued
671
Of debts incurred by a receiver in operating the road 673 The same subject continued
673
The same subject continuedExpenses of a receiver charge upon the corpus
674
Of statutory liensOf equitable liens
675
Statutory liens in favor of laborers and mechanics
676
Of debts due the State
677
Of the lien of vendors of land 679 Of debts incurred for completing an infinished line
679
Of rentals of leased linesCartrust leasesRollingstock
680
Of the liens of judgment creditors
681
Of claims for damages breach of contract
682
The distinction between first charges upon income and prior liens upon the corpus
683
Cases in which priority has been refused
684
Of advancements to pay preferred claims No right of subrogar tion
685
686 Of the decree of saleProvision for purchase by bondholders
686
The decree conclusive upon all parties having notice
687
Of the foreclosure sale 689 Of the purchasers title
689
Of the distribution of the proceeds of sale among the bondhold
690
No priority as between holders of bonds and coupons secured
691
the same mortgage 692 Vacation of decree
692
The same subject continued
693
Redemption
694
Introduction
695
Of sale
696
DISSOLUTION
698
Under what circumstances the court will appoint a receiver
701
Of the power of a majority of the bondholders to control
706
Of the court which may appoint a receiver
708
Foreclosure for interest before maturity of principal
714
The receiver must be discharged upon payment by the defendant
722
Proceedings to forfeit to be brought in the name of the State
723
Whether persons upon trains for special purposes are passengers
724
Introduction
725
The same subject continued
729
The same subject continuedLeave to sue a receiver in another
732
Of the distribution of assets upon dissolution
736
Of his power and liability as to contracts made before appointment
738

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Halaman 534 - The general assembly shall provide, by law, that in all elections for directors or managers of incorporated companies, every stockholder shall have the right to vote, in person or by proxy, for the number of shares of stock owned by him, for as many persons as there are directors or managers to be elected...
Halaman 591 - To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation ; or to reduce such capital stock without the consent of the legislature ; or 3.
Halaman 534 - ... to cumulate said shares, and give one candidate as many votes as the number of directors, multiplied by the number of his shares of stock, shall equal, or to distribute them on the same principle among as many candidates as he shall think fit; and such directors or managers shall not be elected in any other manner.
Halaman 497 - Each shareholder shall be individually liable to the creditors of the company to an amount equal to the amount unpaid on the stock held by him...
Halaman 593 - ... a just demand, and with intent to defraud, omits to make or to cause or direct to be made, a full and true entry thereof in its books and accounts; or, 2. Concurs in omitting to make any material entry thereof; or, 3. Knowingly concurs in making or publishing any written report, exhibit or statement of its affairs or pecuniary condition, containing any material statement which is false; or, 4.
Halaman 284 - The sound and true rule is, that if the contract, when made, was valid by the laws of the State as then expounded by all departments of the government, and administered in its courts of justice, its validity and obligation cannot be impaired by any subsequent action of legislation, or decision of its courts altering the construction of the law.
Halaman 454 - No better form could be devised to assure the purchaser that he can buy with safety. He is told, under the seal of the corporation, that the shareholder is entitled to so much stock, which can be transferred on the books of the corporation in person or by attorney when the certificates are surrendered, but not otherwise. This is a notification to all persons interested to know that whoever in good faith buys the stock and produces to the corporation the certificate, regularly assigned, with power...
Halaman 671 - The rights of all creditors of, and all liens upon the property of either of said corporations parties to said agreement and act, shall be preserved unimpaired, and the respective corporations shall be deemed to continue in existence to preserve the same...
Halaman 339 - ... shall not be construed to apply to a return of any portion of the capital stock, with the consent of all the mortgagees and bond creditors of the company, due notice being given for that purpose at an extraordinary meeting to be convened for that object.
Halaman 591 - ... 1. To make a dividend, except from the surplus profits arising from the business of the corporation, and in the cases and manner allowed by law ; or. 2. To divide, withdraw, or in any manner...

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