The Modern Law of Railways: As Determined by the Courts and Statutes of England and the United States

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Bancroft-Whitney Company, 1890 - 1544 страница
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Of the companys power to use the lands condemned
121
CHAPTER XIX
127
5
162
Of the taking of streets for tramways 809 Of the taking of streets for elevated milways 810 Of compensation to abutting proprietors the fee of the str...
181
CHAPTER XXXI
189
Interstate Commerce Commissioners 1069 Powers of the Commission 1070 Complaints and investigations 1071 Findings of Commission as eviden...
222
Description of the land taken
233
Introduction
239
Of statutes relating to reorganization
287
AND HEREIN OF FICTITIOUS AND OVERISSUED STOCK
289
OvervaluationWhether fraud must be proven
302
OF THE MEASURE OF COMPENSATION AND OF DAM AGES
306
The remedy of corporate creditors The English rule
308
The measure of compensation for lands appropriated 814 Of compensation for the condemnation of buildings 815 Peculiar adaptability or prospect...
319
CHAPTER XII
327
Enhanced value from construction of road 818 The measure of damages to the unappropriated residue 819 Of single and disconnected properties 8...
341
Injuries tostrangers 971 Injuries to servants 972 Injuries to passengersThe carrier not an absolute insurer 973 Free passengers 974 Age sex and phy...
357
CHAPTER XIII
371
CHAPTER XIV
389
89 The same subject continued and illustrated
418
CHAPTER XV
423
Inremnification of directors
438
CHAPTER XVI
440
Interpleader 398 Whether the company may inquire into the purpose of the trans fer 399 Liability of the corporation for failure or refusal to registe...
441
When transferrees of fictitiously issued stock are affected with
455
Pleading evidence etc 945 Who may recover 946 Measure of damages for refusal to carry 8 917 Measure of damages for delay 918 Special damag...
459
The same subject continued
465
1
473
Issue below parRights of purchaser at a discount
477
CHAPTER XVII
483
Liability of directors upon contracts beyond their own and
489
5
495
herein 418 What interest in stock will entitle its holder to sue herein
501
B
502
Of the stockholders liability to corporate creditors 420 The extent of the liability
503
Liability for laborers wages 422 Of the futility of attempts to avoid liability upon stock
505
Evidence
507
Corporate creditors must first exhaust their remedy against the company
511
The same subject continued 427 The judgment against the corporation conclusive as against tho shareholders
513
a Infra vires acts rendered ultra vires by the manner of per formance
514
b Infra vires acts rendered ultra vires by the purpose of per formance
515
How enforcedla By action at law 8 429 6 By bill in equity
516
A call unnecessary in case of corporate insolvency
517
Who may plead ultra viresa A single dissenting stock holder
518
6 Corporate creditors of a failing concern
519
CHAPTER XVIII
520
The consideration to be surrendered when the contract is set aside
521
Of ratification and acquiescence in ultra vires acts
522
Accepting the fruits of the contract a bar to pleading ultra vires
523
Laches as a bar to pleading ultra vires
524
Of illegal corporate acts
525
Of acts illegal as against public policy
526
The same subject continuedOt lobbying
527
The same subject continuedOf pools
528
The same subject continuedO trusts
529
Of transportation beyond termini
530
531 Of running privileges
531
Of condemnation and sale of stock of dissenting shareholders
541
Of the number of directors 457 Qualifications of directors at common law 458 Statutory qualifications of directors 459 The election of an unqualifi...
549
The same subject continuedUpon debts beyond the charter
550
Of de facto directors officers and agents
604
The right of a bondholder to institute suit upon the failure of the trustees to
605
The right of entry not exclusive of other remedies II
607
Of the compensation for running privileges 533 No estoppel with respect to illegal acts 534 Proceedings by the attorneygeneral
608
Of the authority of directors herein
609
Mortgages to be recorded
615
e Of fixtures
621
Examples of powers held not necessarily incidentale
624
Of mortgage trustees
627
The same subject continued The English statute and decisions
639
Stipulations against liability
641
The same subject continued
642
DevicesRebatesLike kind of traffic 1033 Differences in rates on different parts of railway 1034 Equality of rates and facilities 8 1035 Lawful discri...
643
Directors not personally liable on contracts within their power to make
645
dert CHAPTER XXI
651
933 The sime subject continuedPresumption as to the reasonable
653
Of the jurisdiction of State and federal courts
658
The same subject continuedExpenses of a receiver charge upon the corpus
674
Of statutory liensOf equitable liens
675
Statutory liens in favor of laborers and mechanics
676
Of debts due the State
677
Of the lien of vendors of land 679 Of debts incurred for completing an infinished line
679
Of rentals of leased linesCartrust leasesRollingstock
680
Of the liens of judgment creditors
681
Of claims for damages breach of contract
682
The distinction between first charges upon income and prior liens upon the corpus
683
Cases in which priority has been refused
684
Of advancements to pay preferred claims No right of subrogar tion III
685
Of the decree of saleProvision for purchase by bondholders
686
The decree conclusive upon all parties having notice
687
Of the foreclosure sale 689 Of the purchasers title
689
Of the distribution of the proceeds of sale among the bondhold
690
No priority as between holders of bonds and coupons secured
691
Obligation of railway company to supply suitable and sufficient cars
693
Introduction
695
Of sale
696
Appointment upon the application of junior mortgagees
697
AND HEREIN OF FORFEITURE AND APPEAL
698
The adequacy of remedies at law as affecting the appointment of a receiver
700
Under what circumstances the court will appoint a receiver
701
statute
702
6 Of default in payment of interest or principal as a ground for appointing a receiver
703
c Of the right to foreclose as a ground for appointing a receiver
704
d Of internal corpurate disagreements and derangements
705
e Of failure to run trains 707 f Sundry cases
707
Of the court which may appoint a receiver
708
The court first obtaining jurisdiction retains
709
The rule as to priority of obtaining jurisdiction
710
Of the time when a receiver may be appointed
711
Of the power of a majority of the bondholders to control
713
Foreclosure for interest before maturity of principal
714
The same subject continued 8 713 The selection of a receiver is in the discretion of the court Appeal 714 The same subject continuedThe New York ...
716
Effect of the appointment upon the rights of litigants and of third parties
717
Effect of the appointment upon corporate powersUpon pending litigation
718
Effect of the appointment upon the liabilities of the company DamagesTaxes
719
Removal
720
Discharge 722 The receiver must be discharged upon payment by the defendant of the amount found to be
722
An order by consent vacating an appointment should not make reservations 8 724 Disposition of the property upon discharge
723
Whether persons upon trains for special purposes are passengers
724
1
733

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Страница 534 - The general assembly shall provide, by law, that in all elections for directors or managers of incorporated companies, every stockholder shall have the right to vote, in person or by proxy, for the number of shares of stock owned by him, for as many persons as there are directors or managers to be elected...
Страница 591 - 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.
Страница 534 - ... 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.
Страница 497 - Each shareholder shall be individually liable to the creditors of the company to an amount equal to the amount unpaid on the stock held by him...
Страница 593 - ... a just demand, and with intent to defraud, omits to make or to cause or direct to be made, a full and true entry thereof in its books and accounts; or, 2. Concurs in omitting to make any material entry thereof; or, 3. Knowingly concurs in making or publishing any written report, exhibit or statement of its affairs or pecuniary condition, containing any material statement which is false; or, 4.
Страница 284 - The sound and true rule is, that if the contract, when made, was valid by the laws of the State as then expounded by all departments of the government, and administered in its courts of justice, its validity and obligation cannot be impaired by any subsequent action of legislation, or decision of its courts altering the construction of the law.
Страница 454 - No better form could be devised to assure the purchaser that he can buy with safety. He is told, under the seal of the corporation, that the shareholder is entitled to so much stock, which can be transferred on the books of the corporation in person or by attorney when the certificates are surrendered, but not otherwise. This is a notification to all persons interested to know that whoever in good faith buys the stock and produces to the corporation the certificate, regularly assigned, with power...
Страница 671 - The rights of all creditors of, and all liens upon the property of either of said corporations parties to said agreement and act, shall be preserved unimpaired, and the respective corporations shall be deemed to continue in existence to preserve the same...
Страница 339 - ... shall not be construed to apply to a return of any portion of the capital stock, with the consent of all the mortgagees and bond creditors of the company, due notice being given for that purpose at an extraordinary meeting to be convened for that object.
Страница 591 - ... 1. To make a dividend, except from the surplus profits arising from the business of the corporation, and in the cases and manner allowed by law ; or. 2. To divide, withdraw, or in any manner...

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