Commentaries on the Law of Private Corporations: Whether with Or Without Capital Stock, Also of Joint-stock Companies and of All the Various Voluntary Unicorporated Associations Organized for Pecuniary Profit Or Mutual Benefit, Volume 2T. H. Flood & Company, 1891 - 1487 pages |
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Other editions - View all
Commentaries on the Law of Private Corporations: Whether with Or ..., Volume 1 Charles Fisk Beach No preview available - 2015 |
Common terms and phrases
action agent amount Assoc authority Barb Beach on Railways Beav Belfast bonds Boston &c Bradstreet Co Buffalo &c capital stock charter Chicago &c citing condition Conn Corp corporation County court court of equity creditors damages debt declared defendant Dillsburg directors eminent domain enforce entitled equity estopped estoppel Evansville foreign corporation fraud fraudulent held holders increase Iowa issued liable libel malicious prosecution Manuf Mass ment N. J. Eq National Bank number of shares officers paid Painesville pany parties payment person Philadelphia &c Pittsburgh &c plaintiff poration preferred stock profits purchase quo warranto railroad company received road rule scription shareholders Smith Stat statute stockholders subject continued subscriber thereof tion torts transaction transfer trust Turnpike Co ultra vires ultra vires acts Upton valid void vote Wall York &c
Popular passages
Page 1268 - We have repeatedly held that no State has the right to lay a tax on interstate commerce in any form, whether by way of duties laid on the transportation of the subjects of that commerce, or on the receipts derived from that transportation, or on the occupation or business of carrying it on, for the reason that such taxation is a burden on that commerce, and amounts to a regulation of it, which belongs solely to Congress.
Page 1316 - We agree in the general principle adopted by the Court, that where the restraint of a party from carrying on a trade is larger and wider than the protection of the party with whom the contract is made can possibly require, such restraint must be considered as unreasonable in law, and the contract which would enforce it must be therefore void ; but the difficulty we feel is in the application of that principle to the case before us.
Page 1242 - The capital stock of every company liable to taxation, except such part of it as shall have been excepted in the assessment roll, or as shall have been exempted by law, together with its surplus profits or reserved funds exceeding ten per cent, of its capital, after deducting the assessed value of its real estate, and all shares of stock in other corporations actually owned by such company which are taxable upon their capital stock under the laws of this state, shall be assessed at its actual value,...
Page 1334 - A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means.
Page 787 - State that where the principal has clothed his agent with power to do an act upon the existence of some extrinsic fact necessarily and peculiarly within the knowledge of the agent, and of the existence of which the act of executing the power is itself a representation, a third person dealing with such agent in entire good faith pursuant to the apparent power, may rely upon the representation, and the principal is estopped from denying its truth to his prejudice.
Page 788 - In all these cases it may be said, as it was said here, that the master has not authorized the act. It is true, he has not authorized the particular act, but he has put the agent in his place to do that class of acts, and he must be answerable for the manner in which the agent has conducted himself in doing the business which it was the act of his master to place him in.
Page 1247 - ... license taxes, (not dependent upon the extent of his business,) and, generally, specific taxes on things or persons or occupations. In such cases the legislature in authorizing the tax fixes its amount, and that is the end of the matter. If the tax be not paid the...
Page 1389 - All courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered, without sale, denial, or delay.
Page 1253 - Every incorporated or other bank, and every person, firm, or company having a place of business where credits are opened by the deposit or collection of money or currency, subject to be paid or remitted upon draft, check, or order, or where money is advanced or loaned on stocks, bonds, bullion, bills of exchange, or promissory notes, or where stocks, bonds, bullion, bills of exchange, or promissory notes are received for discount or for sale, shall be regarded as a bank or as a banker.
Page 908 - No corporation shall issue stocks or bonds except for money, labor done, or money or property actually received; and all fictitious increase of stock or indebtedness shall be void.