Main Et Al. Vs. Central Pacific R.R.: Arguments of Brown & Bishop for Defendants and Opinions of the Court

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Сторінка 162 - ... for as many persons as there are directors or managers to be elected, or to cumulate said shares, and give one candidate as many votes as the number of directors, multiplied by the number of his shares of stock, shall equal, or to distribute them on the same principle among as many candidates as he shall think fit; and such directors or managers shall not be elected in any other manner.
Сторінка 85 - If time permits, or has permitted, he must show, if he fails with the directors, that he has made an honest effort to obtain action by the stockholders as a body, in the matter of which he complains. And he must show a case, if this is not done, where it could not be done, or it was not reasonable to require it.
Сторінка 62 - ... not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that which he received it, is guilty of embezzlement...
Сторінка 159 - Judge not, that ye be not judged. 2. For with what judgment ye judge, ye shall be judged; and with what measure ye mete, it shall be measured to you again. 3. And why beholdest thou the mote that is in thy brother's eye, but considerest not the beam that is in thine own eye? 4. Or how wilt thou say to thy brother, Let me pull out the mote out of thine eye: and, behold, a beam is in thine own eye?
Сторінка 126 - Concealment by mere silence is not enough. There must be some trick or contrivance intended to exclude suspicion and prevent inquiry. There must be reasonable diligence; and the means of knowledge are the same thing in effect as knowledge itself.
Сторінка 18 - Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact.
Сторінка 120 - Nothing can call forth this court into activity, but conscience, good faith, and reasonable diligence : where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore from the beginning of this jurisdiction, there was always a limitation to suits in this court.
Сторінка 73 - Every officer or agent of any corporation, having or keeping an office within this state, who has in his custody or control any book, paper or document of such corporation, and who refuses to give to a stockholder or member of such corporation, lawfully demanding, during office hours, to inspect or take a copy of the same, or of any part thereof, a reasonable opportunity so to do, is guilty of a misdemeanor, 566.
Сторінка 73 - The principle seems to us to be, that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance, arising from the perishing of the person or thing, shall excuse the performance.
Сторінка 162 - ... 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...

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