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

Charles Fisk Beach (Jr.)

Bancroft-Whitney Company, 1890 - 1544 страница

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Interpleader	1

persons	2

Of ticketsTheir nature as vouchers or receipts	8

The carriers right to compensation and its lien to secure payment	24

Of changing the grade of streets	31

Of the discretion of the legislature	52

Of the ownership of the defendant	65

Whether the pledgee may sell and epledge the stock	68

d Of the effect of express words of futurity Appurtenances	620

e Of fixtures 622 f Of rolling stock	621

g Of earnings	623

Of the title of purchasers as against mortgage lien and of mort gagees as against vendors lien	624

The mortgage lien not impaired by change of route	625

The mortgage lien not impaired by consolidation	626

Of mortgage trustees	627

Of the duties liabilities and remuneration of mortgage trustees	628

THE ISSUE OF STOCK	74

IV	76

Pleading evidence	97

Greater charge for shorter than for longer haul forbidden	100

Of tender after refusal to payResumption of journey	133

Of money as baggage	165

What constitutes a public use	166

810	181

Of the companys title	182

CHAPTER XXX	189

ES	190

Interstate Commerce Commissioners 1069 Powers of the Commission 1070 Complaints and investigations 1071 Findings of Commission as eviden...	222

Description of the land taken	238

Introduction	239

The receiver holds the property for the benefit of all parties until	285

Of statutes relating to reorganization	287

AND HEREIN OF FICTITIOUS AND OVERISSUED STOCK	289

1	290

OF THE MEASURE OF COMPENSATION AND OF DAM	306

The measure of compensation for lands appropriated	319

CHAPTER XII	327

Redemption and forfeiture	333

Damages for wrongful expulsion of passengers	337

The same subject continued	339

Enhanced value from construction of road	341

769 Of laches	352

Injuries to strangers 971 Injuries to servants 972 Injuries to passengersThe carrier not an absolute insurer 973 Free passengers 974 Age sex and ph...	357

Of fraud in reorganization	366

Injuries to passengers crossing tracks at railway stations 984 Imperfect appliances for boarding and alighting 985 The same subject continued	367

CHAPTER XIII	371

CHAPTER XIV	389

Measure of damages for refusal to carry	391

89 The same subject continued and illustrated	418

CHAPTER XV	423

CHAPTER XVI	440

Whether the company may inquire into the purpose of the trans fer 399 Liability of the corporation for failure or refusal to register 400 The rights ...	441

Mitigation of damages	477

CHAPTER XVII	483

DOP CHAPTER XIX	485

Indemnification of directors	488

Liability of directors upon contracts beyond their own and	489

DIRECTORS OFFICERS AND AGENTS	491

The reorganized company not liable for the debts and contracts	494

Admissibility of opinions of witnesses	506

Corporate creditors must first exhaust their remedy against the DIRECT company	511

The same subject continued 427 The judgment against the corporation conclusive as against the shareholders	513

a Infra vires acts rendered ultra vires by the manner of per	514

How enforceda By action at	515

b 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

b 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 continuedOf lobbying	527

Of condemnation and sale of stock of dissenting shareholders	541

Whether corporate creditors may enjoin a consolidation	542

The effect of consolidationa Upon the existence of the origi nal companies	543

b Upon bylaws rules and regulationsThe English statute	544

c Upon tenure of office of officers and employeesThe En KLE CUST glish statute	545

d Upon calls and subscriptions	546

e Upon municipal subscriptions	547

Of the number of directors 457 Qualifications of directors at common law S 458 Statutory qualifications of directors 459 The election of an unquali...	549

Of the president 483 The same subject continued 484 Of the compensation of directors and the president 485 Of the compensation of other officers ...	550

Provisions of the English statute concerning contracts for	551

Of the owners remediesa Under the statute	561

Railway and transportation companies as common carriersExcep	579

b Not contributory negligence there being no seat or room in the	582

Selection of connecting carrier	588

1031 Similar circumstances and conditions	589

Of the power of corporations in general to borrow and to mortgage	602

Of the power of railway companies to borrow and to mortgage	603

Statutes authorizing borrowing and mortgaging	604

Statutory restrictionsExceptions in favor of current obligations Lloyds bonds	605

Of the extent of the statutory authority	606

CHAPTER XX	607

The same subject continuedOf pools E 529 The same subject continuedOf trusts 530 Of transportation beyond termini 531 Of running privileges ...	608

Of the authority of directors herein	609

Legislative recognition of ultra vires mortgage	610

Of the remedies of shareholders and creditors with respect to an ultra vires mortgage or debt	611

Of the manner of executing mortgages	612

Of defective and informal mortgages	613

The same subject continuedOf bonds secured by statutory lien	614

Mortgages to be recorded	615

What property is covered by a mortgage	616

a Of the effect of general words of description	617

b Whether general words of description include future acquisi tions	618

c Of choses in action and calls	619

Of supplying vacancies	629

Of the removal of mortgage trustees	630

Of income bonds	631

The same subject continuedNet earnings	632

Convertible bonds	633

Of recitals and references in mortgages bonds and coupons Of fraud or irregularities in the issue of bondsWant of con sideration	634

Issue below parRights of purchaser at a discount	636

Registration	637

Of the negotiable nature of bonds and couponsThe American rule	638

The same subject continuedThe English statute and decisions	639

640 The requisite certainties of negotiability	640

The same subject continuedOf the effect of absence of negoti able words in coupons	641

Lis pendens	642

Of lost or stolen bonds	643

Of the liability of an assignor of bonds and coupons	644

645 Equities arising from the negotiation of Stateaid bonds by the railway	645

Of detached coupons 647 Of presentation and demand	647

Of the time of payment 649 Of days of grace	649

The effect of maturity upon the negotiable nature of bonds and coupons	650

CHAPTER XXI	651

Provisions of the English statute concerning the completion of works begun by the dissolved company 559 k Upon liability for torts The same s 56...	652

The same subject continuedThe intention of the parties	653

Of the statute of limitations as affecting coupons CHAPTER XXV	654

Introduction	655

The mortgage lien subordinate to the interest of the public in the railway as a going concern	656

Of the mutual obligations of bondholders	657

Of the jurisdiction of State and federal courts	658

Of foreclosure upon a railway situated in two or more States	659

Of parties to foreclosure proceedings	660

The same subject continued	661

Foreclosure for interest before maturity of principal	662

Of entry for condition brokenSix months clausesSpecific	663

664 Six months clauses continuedThe principal to become due upon default in payment of interest	664

The duty of the trustees to enter or foreclose upon request of a majority of bondholders	665

The rights and duties of trustees in possession of the mortgaged property	666

The right of a bondholder to institute suit upon the failure of the trustees to	667

The right of entry not exclusive of other remedies	668

Of charges superior to the mortgage lienCurrent expenses	669

The requisites of current claims	670

The same subject continued	671

Of debts incurred by a receiver in operating the road	672

The same subject continued	673

The same subject continuedExpenses of a receiver a charge upon the corpus	674

Of statutory liensOf equitable liens	675

Statutory liens in favor of laborers and mechanics	676

performance	677

Of the lien of vendors of land 679 Of debts incurred for completing an unfinished 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 claimsNo right of subroga 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

the same mortgage 692 Vacation of decree	692

The same subject continued	693

Redemption	694

Of the recovery of rent upon an ultra vires lease tiption	695

Of sale Fote distr De ame	696

Appointment upon the application of junior mortgagees	697

CHAPTER XXII	698

597 Effect of dissolution upon debts rights of contract and pending litigation 598 The same subject continuedOf the rights of creditors 599 Of the d...	699

700 The adequacy of remedies at law as affecting the appointment of a receiver	700

Under what circumstances the court will appoint a receiver	701

a Of insolvency as a ground for appointing a receiver	702

b 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 corporate disagreements and derangements	705

e Of failure to run trains	706

f Sundry cases	707

Of the court which may appoint a receiver	708

709 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

712 The same subject continued	712

The selection of a receiver is in the discretion of the court Appeal	713

The same subject continuedThe New York and federal rule	714

Of eligibility to serve as receiver	715

Of the receivers bond	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	721

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	723

Whether persons upon trains for special purposes are passengers	724

Of the receivers title	727

The same subject continuedWhen leave to sue not necessary	733

Друга издања - Прикажи све

The Modern Law of Railways: As Determined by the Courts and Statutes ..., Том 1
Charles Fisk Beach
Пуни преглед - 1890

The Modern Law of Railways: As Determined by the Courts and Statutes of ...
Charles Fisk Beach
Приказ није доступан - 2018

The Modern Law of Railways: As Determined by the Courts and Statutes of ...
Charles Fisk Beach
Приказ није доступан - 2015

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Чести термини и фразе

accepted action agent agreement amendment amount authority Bank Barb bonds capital stock certificate charter cited City Clark condition Conn consent constitutional construction contract contract of subscription Cook on Stock corporation County court creditors debt directors dividends effect enforce entitled equity fact forfeiture fraud given grant held hold holder incorporation increase infra interest Iowa issue latter liability Mass meeting Michigan municipal necessary notice officers Ohio St original paid parties payment performance person Pittsburgh preferred promoters provision purchaser question R. R. Co R'y Co Railroad railway received remedy respect road rule shareholders shares Smith statute Stock & Stockh stockholders subscriber subscription sufficient supra taken thereof tion Town transfer unless Upton valid Vict void vote Wall York

Популарни одломци

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...

Појављује се у 431 књиге(а) од 1819-2007

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.

Појављује се у 331 књиге(а) од 1825-2005

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.

Појављује се у 434 књиге(а) од 1819-2007

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...

Појављује се у 246 књиге(а) од 1777-2001

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.

Појављује се у 167 књиге(а) од 1856-1999

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.

Појављује се у 127 књиге(а) од 1870-1992

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...

Појављује се у 38 књиге(а) од 1871-1988

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...

Појављује се у 88 књиге(а) од 1777-1997

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.

Појављује се у 38 књиге(а) од 1832-1957

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...

Појављује се у 176 књиге(а) од 1829-1992

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Наслов	The Modern Law of Railways: As Determined by the Courts and Statutes of England and the United States Том 1 књиге The Modern Law of Railways as Determined by the Courts and Statutes of England and the United States, Charles Fisk Beach
Аутор	Charles Fisk Beach (Jr.)
Издавач	Bancroft-Whitney Company, 1890
Дужина	1544 страница

Извоз навода	BiBTeX EndNote RefMan

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