The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases, Classified and Fully Annotated |
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Page 1
... notes will furnish him with the conflicting decisions , if any , and any limitation . or modification of the doctrine in its application to the class of cases under consideration . For instance , Chapter III illus- trates the ...
... notes will furnish him with the conflicting decisions , if any , and any limitation . or modification of the doctrine in its application to the class of cases under consideration . For instance , Chapter III illus- trates the ...
Page 35
... notes of the King v . Kilderly , 1 Wms . Saund . , 309c , numerous cases are referred to in support of the position that , " when the provisions of an act of Parliament have been infringed , no contract can be enforced , arising out of ...
... notes of the King v . Kilderly , 1 Wms . Saund . , 309c , numerous cases are referred to in support of the position that , " when the provisions of an act of Parliament have been infringed , no contract can be enforced , arising out of ...
Page 62
... notes sued on , were consolidated by agreement , and assumed the name of the Madison , Indianapolis & Peru Railroad Company , and in that name , and under a common board of management , conducted the business of both lines of road ...
... notes sued on , were consolidated by agreement , and assumed the name of the Madison , Indianapolis & Peru Railroad Company , and in that name , and under a common board of management , conducted the business of both lines of road ...
Page 63
... notes sued on , in its name , in payment for a steamboat , which was to be employed on the Ohio River , to run in connection with the railroads . After the execution of the notes and the acquisition of the boat , this rela- tion between ...
... notes sued on , in its name , in payment for a steamboat , which was to be employed on the Ohio River , to run in connection with the railroads . After the execution of the notes and the acquisition of the boat , this rela- tion between ...
Page 64
... notes by plaintiff , as indorsee , and that the only question was , had the corporation the capacity to make the ... notes sued on were negotiable promissory notes , or whether or not the plaintiff was a bona fide holder of them , for ...
... notes by plaintiff , as indorsee , and that the only question was , had the corporation the capacity to make the ... notes sued on were negotiable promissory notes , or whether or not the plaintiff was a bona fide holder of them , for ...
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.