American Law and Procedure, Volume 8James Parker Hall, James De Witt Andrews La Salle Extension University, 1910 - Law |
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Common terms and phrases
action agent agreement amendment amount applied articles of association assets association Bank Brown by-laws capital stock certificate charter chise common carrier common law consent constitutional contract corporate existence corporate name corporate powers court court of equity create corporations creditors Dartmouth College debts directors dissolution dissolve dividends duty eminent domain equity estopped estoppel exercise expressly formed franchise funds granted held hold holders implied individual insolvency interest joint stock company Jones juristic person land legislative legislature liable limited limited partnership Mass ment necessary nership officers organization owner paid pany partner Partnership 2d party payment persons plaintiff poration privilege profits purchase purpose quo warranto railroad reasonable Roman law rule seal sell shareholders shares ship special act statute statutory subscribe subscription sued suit tion torts trade transfer trust ultra vires unless usually valid vote weight of authority
Popular passages
Page 293 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 335 - ... a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited...
Page 344 - We hold, however, that the basis of all calculations as to the reasonableness of rates to be charged by a corporation maintaining a highway under legislative sanction must be the fair value of the property being used by it for the convenience of the public.
Page 343 - The corporation may not be required to use its property for the benefit of the public without receiving just compensation for the services rendered by it.
Page 300 - The powers thus granted are not confined to the instrumentalities of commerce, or the postal service known or in use when the Constitution was adopted, but they keep pace with the progress of the country and adapt themselves to the new developments of time and circumstances.
Page 372 - To bring a person within the description of a common carrier he must exercise it as a public employment: he must undertake to carry goods for persons generally; and he must hold himself out as ready to engage in the transportation of goods for hire, as a business, not as a casual occupation pro hoc vice.
Page 188 - That principle is, that where a corporation, like a railroad company, has granted to it by charter a franchise intended in large measure to be exercised for the public good, the due performance of those functions being the consideration of the public grant, Opinion of the Court.
Page 369 - ... customers, limiting their liability, are good and valid so far as they are just and reasonable; to the extent for example, of excusing them for all losses happening by accident, without any negligence or fraud on their part ; when they ask to go still further, and to be excused for negligence — an excuse so repugnant to the law of their foundation and to the public good — they have no longer any plea of justice or reason to support such a stipulation, but the contrary.
Page 190 - Covenants in partial restraint of trade are generally upheld as valid when they are agreements (1) by the seller of property or business not to compete with the buyer in such a way as to derogate from the value of the property or business sold...
Page 394 - We hold the true rule to be that whatever the passenger takes with him for his personal use or convenience according to the habits or wants of the particular class to which he belongs, either with reference to the immediate necessities, or to the ultimate purpose, of the journey, must be considered as personal luggage.