Cyclopedia of the Law of Private Corporations, Volumen2

Portada
Callaghan, 1917
 

Páginas seleccionadas

Contenido

526 Consideration and mutualityIn general 527 Subscriptions under seal 529 Incomplete subscriptions
1160
Subscription distinguished from agreement to subscribe in the future
1162
Subscription distinguished from agreement that another shall sub scribe
1167
Agreements to pay to agent or trustee for proposed corporation 534 Form of subscription and formalities in subscribingIn general
1173
535
1177
Form or formalities required by charter or statute
1179
Necessity for writingStatute of frauds 537
1181
Requirement of formal articles of association
1183
Signing subscription book or list
1186
Acknowledgment of articles or agreement 539 540
1187
542
1188
Subscriptions implied from conduct
1189
Effect of mistake or ignorance
1193
Stock of purchasing corporation as consideration
1211
Property not necessary for public service
1217
General considerations
1223
Effect of transfer
1229
II
1261
Validity of conditions precedentSubscriptions after corporation
1268
Oral conditions affecting written subscriptions
1274
Time of performance
1285
589
1293
624
1378
626
1388
Action for deceit
1395
WITHDRAWAL RELEASE AND DISCHARGE OF SUBSCRIBERS
1421
639
1427
Form construction and effect of release or cancellation
1433
Discharge by alteration of contract
1439
Discharge by formation of a different corporation from that con
1450
Failure to comply with provisions of charter or general law ultra
1457
Delay in making calls
1465
REMEDIES OF CORPORATION AGAINST SUBSCRIBERS
1472
659
1478
660
1487
666
1501
When calls are necessaryIn general
1508
Interest
1555
As a condition precedent to enforcement of subscriptionsGeneral
1562
What subscriptions or promises may be countedIn general
1576
Conditional subscriptions
1583
Particular acts constituting waiver or estoppel
1590
710
1602
OVERSUBSCRIPTION AND APPORTIONMENT OR DISTRIBUTION OF STOCK
1611
Estoppel to deny subscription or the validity thereofIn general
1619
718
1628
Name under which corporation may sue and be sued
1630
Refusal of charter or license under identical or similar name
1635
Injunction against use of identical or similar name is general
1641
Unfair competitionIn general
1652
731
1665
Intent
1674
Injunction by foreign corporation against domestic corporation
1680
Use of assumed name
1687
Effect of misnomerIn grants conveyances contracts wills etc
1693
Change of nameRight in general
1702
Use of corporate names by natural persons and unincorporated organi
1709
CHAPTER 19
1716
CONSTRUCTION AND INTERPRETATION OF CHARTER
1735
1167
1743
Meaning of provisos or exceptions
1750
Annuities
1754
Powers implied from powers expressly granted
1766
796
1772
Location of road
1832
Selling cooperative society
1838
CHAPTER 22
1844
906
1853
Employment of agents attorneys and servants
1859
Increase in indebtedness
1865
Applicability of rule to particular corporations
1871
To increase business
1877
Power to act as guardian or committee
1889
POWER TO BORROW AND LOAN
1890
Extent of power to borrow
1896
CHAPTER 26
1903
Consideration contents and requisites
1910
966
1915
Ownership
1916
Want inadequacy failure or illegality of consideration
1917
General rules
1928
977
1934
Amount
1940
Issuance below parGeneral rule
1946
989
1952
General rules
1958
General rule
1972
Applicability of Negotiable Instruments Law or other statutes
1978
1025
1985
Rights of pledgee or purchaser from pledgee
1991
1038 Want of title
1997
PaymentIn general
2011
Right to sue on bonds or couponsGeneral rule
2017
Execution against mortgaged property
2025
Taking in payment of debt or as security
2026
Transfer by statute or charter
2037
ALIENATION OF PROPERTY AND FRANCHISES
2038
Terms and conditions
2039
Purchase for material on land
2045
Express or implied prohibitionIn general
2051
Purchase to procure monopoly
2057
Fraud upon or prejudice to creditors or stockholders
2066
Power to organize subsidiary companies
2081
Presumption of authority
2088
Agreement to repurchase stock sold
2096
1142 Taking stock as collateral
2102
1181
2105
1183
2106
Ownership
2112
As including powers
2118
Submission to voters
2124
Substantial compliance with charter or statute Provisions merely directory 1188 1188 1189 1193 546 545 Capacity of subscribers and effect of disa...
2138
Sale for future delivery
2145
547
2146
549 550 551
2148
1201
2150
1202
2153
1203
2154
1209
2160
POWER TO TAKE OR MAKE LEASE
2171
Validity of particular provisions in lease
2180
Power of quasi public corporationIn general
2188
1239
2195
1245
2200
Form contents and effect
2206
1262
2219
Derechos de autor

Términos y frases comunes

Pasajes populares

Página 1934 - The stock and indebtedness of corporations shall not be increased except in pursuance of general law, nor without the consent of the persons holding the larger amount in value of the stock first obtained at a meeting to be held after sixty days' notice given in pursuance of law.
Página 1743 - Wheely and others, the court say, "the canal having been made under an Act of Parliament, the rights of the plaintiffs are derived entirely from that Act. This, like many other cases, is a bargain between a company of adventurers and the public, the terms of which are expressed in the statute ; and the rule of construction, in all such cases, is now fully established to be this ; that any ambiguity in the terms of the contract must operate against the adventurers, and in favor of the public, and...
Página 1857 - 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.
Página 1746 - ... that all rights which are asserted against the State must be clearly defined, and not raised by inference or presumption ; and if the charter is silent about a power, it does not exist. If, on a fair reading of the instrument, reasonable doubts arise as to the proper interpretation to be given to it, those doubts are to be solved in favor of the State ; and where it is susceptible of two meanings, the one restricting and the other extending the powers of the corporation, that construction is...
Página 1654 - The essence of the wrong in unfair competition consists in the sale of the goods of one manufacturer or vendor for those of another, and if defendant so conducts its business as not to palm off its goods as those of complainant, the action fails.
Página 1978 - Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Página 1691 - Dictionary, which abbreviates it, "Inc., Incor., and Incorp."). It is true that In the answer it is alleged to be an abbreviation, and so understood by the masses of men.
Página 1319 - To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation ; or to reduce such capital stock without the consent of the legislature ; or 3.
Página 1309 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Página 1974 - And this malleability to suit the necessities and usages of the mercantile and commercial world is one of the most valuable characteristics of the common law. When a corporation covenants to pay to bearer and gives a bond with negotiable qualities, and by this means obtains funds for the...

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