Cases on Restraint of Trade, Випуск 4Harvard law review publishing association, 1903 |
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action agents agreed agreement alleged appellant assets association authority bill capital stock Capsule Company certificates charter combination competition constitution contract court of equity created creditors debts decree defendant corporation Diamond Match Company directors effect enforce engaged entered equity executed exercise existence franchises granted held hold holders illegal incorporation individual injunction insolvent interest invalid Jersey judgment laborers legislature liable lien manufacturing ment Merz Capsule mortgage National Bank Northern Pacific Railway Northern Securities Company object officers opinion omitted organized owners paid pari delicto parties partnership payment plaintiff plaintiff in error poration pottery pottery ware provisions proxy public policy purchase purpose question railroad company receiver repeal restrain restraint of trade right to vote road secure sell Statement abridged statute stockholders SUPREME COURT Terre Haute tion transaction transferred ultra vires United unlawful valid void voting power voting trust Whittenton Mills William Mason York
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Сторінка 1124 - ... public notice, as may be provided by law. SEC. 12. In all elections for directors or managers of corporations every stockholder shall have the right to vote, in person or by proxy, the number of shares of stock owned by him for as many persons as there are directors or managers to be elected...
Сторінка 976 - I take it there is nothing in the law, as there is certainly nothing in the principles of equity, to estop the court from saying that the obligation to return the property transferred under these contracts is mutual, and shall not be enforced against one of the parties without being at the same time enforced against the other. As the parties and the subject-matter are now before the court, it is the duty of the court, as far as possible, to place them in statu quo.
Сторінка 1134 - The doctrine of ultra vires, by which a contract made by a corporation beyond the scope of its corporate powers is unlawful and void and will not support an action, rests, as this court has often recognized and affirmed, upon three distinct grounds : The obligation of any one contracting with a corporation to take notice of the legal limits of its powers...
Сторінка 1073 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Сторінка 1134 - A contract of a corporation, which is ultra vires, in the proper sense, that is to say, outside the object of its creation as defined in the law of its organization, and therefore beyond the powers conferred upon it by the legislature, is not voidable only, but wholly void, and of no legal effect.