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" ... knowledge of the want of authority to make the contract. Hence, if the question of power depends not merely upon the law under which the corporation acts, but upon the existence of certain extrinsic facts, resting peculiarly within the knowledge of... "
A Treatise on the Law of Consolidation of Railroad Companies: Being an ... - Halaman 221
oleh Elliott Anthony - 1865 - 288 halaman
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Leading American Railway Cases: On Most of the Important Questions Involved ...

Isaac Fletcher Redfield - 1870 - 708 halaman
...facts, resting peculiarly within the knowledge of the corporate officers, then the corporation would, I apprehend, be estopped from denying that which,...insisted by counsel in the case of Regina v. White, 4 Ad. & El. NS 101, that for public reasons, officers so situated were not estopped ; but Lord Denman...
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The American Law Times Reports, Volume 2

1875 - 788 halaman
...facts resting peculiarly within the knowledge of the corporate officers, then the corporation would be estopped from denying that which, by assuming to make the contract, it bad virtually affirmed." Vol. II.] OSSIPEE HOSIERY AND WOOLLEN MANUFACTURING Co. v. CANNEY. [No. 12....
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The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ...

George Washington Field - 1881 - 620 halaman
...facts resting peculiarly within the knowledge of the corporate officers, then the corporation would, I apprehend, be estopped from denying that which, by assuming to make the contract, it had virtually affirmed"(22 NY, 290). Strangers are presumed to know the law of the .land, and they are bound, when...
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A Treatise on the Law of Railroads, Volume 1

Horace Gay Wood - 1885 - 756 halaman
...facts, resting peculiarly within the knowledge of the corporate officers, then the corporation would be estopped from denying that which, by assuming to make the contract, it had virtually affirmed.' This doctrine seems to us sound and reasonable, and, in conformity with it, it was held in Farmers...
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The American Decisions: Containing All the Cases of General Value ..., Volume 99

1888 - 880 halaman
...facts resting peculiarly within the knowledge of the corporate officers, then the corporation would, I apprehend, be estopped from denying that which,...assuming to make the contract, it had virtually affirmed ": Bissell v. Michigan Southern and Northern Indiana RR Cos., 22 NY 290. Strangers are presumed to...
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A Treatise on the Law of Corporate Bonds and Mortgages

Leonard Augustus Jones - 1890 - 696 halaman
...debt is evidenced showing that the company has overstepped the limits of its power, the corporation is estopped from denying that which, by assuming to make the contract, it had virtually affirmed.4 25. When the authority to mortgage is coupled with a condition for the benefit of the state,...
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A Treatise on the Law of Private Corporations: Divided with ..., Volume 2

Thomas Carl Spelling - 1892 - 812 halaman
...facts resting peculiarly within the knowledge of the corporate officers, then the corporation would be estopped from denying that which, by assuming to make the contract, it had virtually affirmed.2 Thread Co., 21 XY 127; Parish v. Wheeler, 22 NY 502; Bargate v. Shortridge, 31 Eng. Law...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 37

West Virginia. Supreme Court of Appeals, Edgar P. Rucker - 1893 - 950 halaman
...facts resting peculiarly within the knowledge of the corporate officers, then the corporation would be estopped from denying that which by assuming to make the contract it had virtually affirmed." Now, when we refer to the mortgage which the plaintiff is seeking to enforce in this case, it appears...
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The American and English Encyclopedia of Law, Volume 27

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - 1895 - 1082 halaman
...facts resting peculiarly within the knowledge of the corporate officers, then the corporation will be estopped from denying that which, by assuming to make the contract, it had virtually affirmed." Quoted approvingly in Monument Nat. Bank r. Globe Works, loi Mass. 58; 3 Am. Rep. 322. 2. Davis r....
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Leading Cases on Private Corporations: To Accompany Principles of Private ...

Charles Burke Elliott - 1898 - 342 halaman
...facts, resting peculiarly within the knowledge of the corporate officers, then the corporation would be estopped from denying that which, by assuming to make the contract it had virtually affirmed." This doctrine seems to us sound and reasonable; and in conformity with it it was held in Farmers' &...
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