The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases, Classified and Fully Annotated |
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Page 22
... evidence of what the corpor- ation has done or agreed to do . The resolution of a meet- ing , however numerously attended , is , after all , not the act of the whole body . Every member knows he is bound by what is done under the ...
... evidence of what the corpor- ation has done or agreed to do . The resolution of a meet- ing , however numerously attended , is , after all , not the act of the whole body . Every member knows he is bound by what is done under the ...
Page 44
... evidence of the said agreement between the Millville and Glassboro Railroad Company and the plaintiffs ; of the acts of the Assembly of New Jersey , one an act to incorporate the Millville and Glassboro Railroad Company , approved the ...
... evidence of the said agreement between the Millville and Glassboro Railroad Company and the plaintiffs ; of the acts of the Assembly of New Jersey , one an act to incorporate the Millville and Glassboro Railroad Company , approved the ...
Page 61
... evidence , in making a statement or exposition of facts , or in preparing an oral or written argument , provided all these are used , or designed to be used , either before the legislature itself , or some committee thereof , as a body ...
... evidence , in making a statement or exposition of facts , or in preparing an oral or written argument , provided all these are used , or designed to be used , either before the legislature itself , or some committee thereof , as a body ...
Page 69
... evidence shows , as it may reasonably be supposed , that there are particular days , such as market and fair days , upon which the traffic between the two points of the ferry is greater than upon other days . By reason of the obligation ...
... evidence shows , as it may reasonably be supposed , that there are particular days , such as market and fair days , upon which the traffic between the two points of the ferry is greater than upon other days . By reason of the obligation ...
Page 81
... evidence tends to support . Ordinarily such a dis- tinction is unimportant . But in this case it is vital . It is the hinge on which the case turns . It may be true that when money is lent , and the borrower is left free to use it as he ...
... evidence tends to support . Ordinarily such a dis- tinction is unimportant . But in this case it is vital . It is the hinge on which the case turns . It may be true that when money is lent , and the borrower is left free to use it as he ...
Other editions - View all
The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ... George Washington Field No preview available - 2015 |
The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ... G. W. Field No preview available - 2017 |
The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ... G. W. Field No preview available - 2017 |
Common terms and phrases
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
Popular passages
Page 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...
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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...
Page 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.