 It Is now very well settled that a corporation cannot avail itself of the defense of ultra vires when the contract has been in good faith fully performed by the other party, and the corporation has had the full benefit of the performance and of the contract.  The New York Supplement - Page 5911918Full view - About this book
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1907 - 930 pages
...transactions amount to a doing of business. Id 397 18. Where a contract with a corporation has been completed by the other party, and the corporation has had the benefit of it, the plea of ultra vires is not admissible to estop the party who had performed from the enforcement... | |
 | Law - 1885 - 550 pages
...Proctor, 29 Vt. 93. lu the first of these oases the court say : " It ia now very well settled that a corporation cannot avail itself of the defense of...performed by the other party, and the corporation has bad the full benefit of the performance and of the contract. If an action cannot be brought directly... | |
 | South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - Law reports, digests, etc - 1916 - 614 pages
...illegal in a sense that would prevent the maintenance of an action thereon. It is now well settled that a corporation cannot avail itself of the defense of...corporation has had the benefit of the performance of the contract. As has been said, corporations, like natural persons, have power and capacity to do... | |
 | Law reports, digests, etc - 1897 - 642 pages
...obligations under the contract, this plea will not avail. "A corporation may not avail itself of the defence ultra vires when the contract has been in good faith fully performed by the other party, and it has had the full benefit of the performance and of the contract": A. & E. Enc. of Law, vol. 27,... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1877 - 882 pages
...to allow such a defense to prevail in an action by the corporation. It is now very well settled that a corporation cannot avail itself of the defense of...by the other party, and the corporation has had the full benefit of the performance and of the contract. If an action cannot be brought directly upon the... | |
 | Law reports, digests, etc - 1906 - 1122 pages
...Association v. Williamson, 1S9 US 122, 23 Sup. Ct. 527, 47 L. Ed. 735. "It Is now well settled that a corporation cannot avail itself of the defense of...performed by the other party, and the corporation has hud the benefit of the performance and of the contract • • * It may be that, while a contract remains... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1881 - 702 pages
...258. " It is now well settled, that a corporation cannot avail itself of the defence of ultra rim, when the contract has been, in good faith, fully performed by the other party, and the corporation 1ms had the full benefit of the performance and of the contract." Whitney Arms Co. v. Barlow, 63 NY... | |
 | Law reports, digests, etc - 1888 - 974 pages
...* It is now very well settled that »corporation cannot avail itself of the defense oí ultra viren when the contract has been, in good faith, fully performed...by the other party, and the corporation has had the full benefit of the performance and of the contract. If an action cannot be brought directly upon the... | |
 | Law reports, digests, etc - 1886 - 1338 pages
...settled that a corporation cannot avail itself of the defense of ultra vires, when the contract has l>een in good faith fully performed by the other party, and the corporation has had the full benefit of the performance and of the contract: Sec. 22G. So if the other party has had the benefit... | |
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