A Treatise on the Law of Private Corporations Aggregate

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C.C. Little and J. Brown, 1846 - 795 頁

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CHAPTER II
53
HOW THE BODY CORPORATE IS CONSTITUTED AND OF ITS NAME
73
OF THE DISFRANCHISEMENT AND AMOTION OF MEMBERS AND OFFICERS
87
Of whom composed
98
Void and voidable elections
102
Failure in the appointment of officers whether or not a dis
108
Of grant of lands c to a corporation by charter as dis
130
CHAPTER VI
163
Their mode of transacting business statutes concerning
169
Construction of grants
177
CHAPTER VIII
198
A corporation not bound by the separate and individual
204
Sect
224
What special contracts a corporation may make and how
229
General powers
255
The power of an agent how terminated
275
By what species of contracts the agents of a corporation
283
When an agent may maintain an action on a contract made
308
CHAPTER X
323
The bylaws of a corporation must not be inconsistent with
338
CHAPTER XI
372
Of the right of a foreign corporation whose members
379
Probable origin of the incidence of a common seal to every
382
Modes of action
383
In what cases they are subject to indictment
392
Of their power and liability to sue and be sued in the U
400
Sect Page
404
Voluntary amotion or resignation
424
In what town they are taxable upon real and personal
430
Taxes upon corporations deriving income
443
OF THE CORPORATE MEETINGS AND OF THE CONCURRENCE NECES SARY TO DO CORPORATE ACTS DAL 10 D
452
Rules as to the necessity of giving notice
453
The issuing and service of notice
454
When and how it should be given
455
CHAPTER IV
457
Of the place of meeting
458
Corporation bound by acts of the majority
459

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第 lvi 頁 - 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. These are such as are supposed best calculated to effect the object for which it was created. Among the most important are immortality, and, if the expression may be allowed, individuality ; properties, by which a perpetual succession of many persons are considered as the same, and may act as a single individual.
第 444 頁 - The sovereignty of a State extends to everything which exists by its own authority or is introduced by its permission ; b*ut does it extend to those means which are employed by Congress to carry into execution powers conferred on that body by the people of the United States ? We think it demonstrable that it does not.
第 382 頁 - Accordingly it would seem to be a sound rule of law, that wherever a corporation is acting within the scope of the legitimate purposes of its institution, all parol contracts made by its authorized agents are express promises of the corporation; and all duties imposed on them by law, and all benefits conferred at their request, raise implied promises, for the enforcement of which an action may well lie.
第 102 頁 - If officers of the corporation openly exercise a power which presupposes a delegated authority for the purpose, and other corporate acts show that the corporation must have contemplated the legal existence of such authority, the acts of such officers will be deemed rightful, and the delegated authority will be presumed.
第 444 頁 - It is of the very essence of supremacy to remove all obstacles to its action within its own sphere, and so to modify every power vested in subordinate governments as to exempt its own operations from their own influence.
第 376 頁 - ... to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in courts of record, or any other place whatsoever.
第 444 頁 - That the power to tax involves the power to destroy ; that the power to destroy may defeat and render useless the power to create ; that there is a plain repugnance in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, are propositions not to be denied.
第 57 頁 - That a corporation must be considered as a means not less usual, not of higher dignity, not more requiring a particular specification than other means, has been sufficiently proved. If we look to the origin of corporations, to the manner in which they have been framed in that government, from which we have derived most of our legal principles and...
第 431 頁 - ... remedy. The very charter, which is held out to exclude Parliament from correcting malversation with regard to the high trust vested in the Company, is the very thing which at once gives a title and imposes a duty on us to interfere with effect, wherever power and authority originating from ourselves are perverted from their purposes, and become instruments of wrong and violence.
第 445 頁 - This opinion does not deprive the States of any resources which they originally possessed. It does not extend to a tax paid by the real property of the bank, in common with the other real property within the State, nor to a tax imposed on the interest which the citizens of Maryland may hold in this institution, in common with other property of the same description throughout the State.

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