Leading Cases on Private Corporations: To Accompany Principles of Private CorporationsBowen-Merrill Company, 1898 - 341 pages |
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Page 254
... true , some portion of the business is conducted in the assumed name , and some in the name of the president for the time being ; but this in no manner changes the character of the body . A corporation may have more than one name ; it ...
... true , some portion of the business is conducted in the assumed name , and some in the name of the president for the time being ; but this in no manner changes the character of the body . A corporation may have more than one name ; it ...
Page 257
... true result . Now , so long as a proper use is made of the fiction that a corp- oration is an entity apart from its shareholders , it is harmless . and , because convenient , should not be called in question ; but where it is urged to ...
... true result . Now , so long as a proper use is made of the fiction that a corp- oration is an entity apart from its shareholders , it is harmless . and , because convenient , should not be called in question ; but where it is urged to ...
Page 266
... true character , whenever that may come in issue . It appears to have been the policy of the English law to attach certain consequences to incorporated bodies , which rend- ered it desirable that such associations as these should not ...
... true character , whenever that may come in issue . It appears to have been the policy of the English law to attach certain consequences to incorporated bodies , which rend- ered it desirable that such associations as these should not ...
Page 271
... true that none of the above cases are precisely parallel with the present case in facts , but they are sufficiently analogous to be authority upon the principle that the plaintiff , as the sole stock- holder of the corporation , is not ...
... true that none of the above cases are precisely parallel with the present case in facts , but they are sufficiently analogous to be authority upon the principle that the plaintiff , as the sole stock- holder of the corporation , is not ...
Page 275
... true the legislature has seen fit to use the courts for the purpose of giving legal form to these companies . But it might have been done in any other way . Under the Free Banking Law of 1838 , instead of petition- ing the court , and ...
... true the legislature has seen fit to use the courts for the purpose of giving legal form to these companies . But it might have been done in any other way . Under the Free Banking Law of 1838 , instead of petition- ing the court , and ...
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Common terms and phrases
agents agreement alleged amount appellant applied assets association authority Bank bill board of directors bonds by-laws capital stock car company cause of action certificate charter circuit court claim collateral security complaint constitution contract corporation court of equity creditors damages Dartmouth college debts defendant doctrine duty Edward Butler enforce equity evidence executed existence fact faith fraud granted ground held hold holders illegal incorporation individual insolvent intent interest issued judgment Justice legislature liability loan manufacturing ment mining option mortgage natural persons objects officers organized owner paid pany par value parties payment plaintiff plaintiff in error poration preferred stock principle provisions purchase purpose question quo warranto railroad company received road rule Seligman Seligman & Co shareholders shares of stock statute stockholders subscribed subscription suit SUPREME COURT thereof tion transaction transfer trust fund ultra vires unpaid valid vote wrong
Popular passages
Page 294 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it. either expressly, or as incidental to its very existence.
Page 424 - ... shall be liable in like manner, and to the same extent as the testator or intestate. or the ward or person interested in such trust fund would have been, if he had been living and competent to act, and held the same stock in his own name.
Page 456 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 328 - No association shall make any loan or discount on the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith...
Page 371 - As a creditors' bill, in the ordinary sense, the complaint is manifestly insufficient. The thresher company, however, plants itself upon the so-called "trust-fund" doctrine .that the capital stock of a corporation is a trust fund for the payment of its debts; its contention being that such a
Page 373 - Every share in any company shall be deemed and taken to have been issued, and to be held, subject to the payment of the whole amount thereof in cash...
Page 532 - ... the Judgment must be reversed, and the case remanded to the Circuit Court, with directions to set aside the verdict, and to order a new trial.
Page 524 - In this court, the doctrine is well settled, that in actions of tort the jury, in addition to the sum awarded by way of compensation for the plaintiff's injury, may award exemplary, punitive or vindictive damages, sometimes called smart money, if the defendant has acted wantonly, or oppressively, or with such malice as implies a spirit of mischief or criminal indifference to civil obligations.
Page 291 - If the act of incorporation be a grant of political power, if it create a civil institution to be employed in the administration of the government, or if the funds of the college be public property, or if the State of New Hampshire, as a government, be alone interested in its transactions, the subject is one in which the legislature of the state may act according to its own judgment...
Page 308 - That the framers of the constitution did not intend to restrain the states in the regulation of their civil institutions, adopted for internal government, and that the instrument they have given us, is not to be so construed, may be admitted.