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

Предња корица
Bancroft-Whitney Company, 1890 - 1544 страница
0 Рецензије
Google не верификује рецензије, али проверава и уклања лажни садржај када га идентификује

Из књиге

Шта други кажу - Напишите рецензију

Нисмо пронашли ниједну рецензију на уобичајеним местима.

Садржај

Of the discretion of the legislature
52
The rights and duties of trustees in possession of the mortgaged property
63
Of the ownership of the defendant
65
Whether the pledgee may sell and epledge the stock
68
THE ISSUE OF STOCK
74
Pleading evidence etc 945 Who may recover
97
Of tender after refusal to payResumption of journey
133
What constitutes a public use
166
Of the companys title
182
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
238
Of the issue of stockThe seyeral methods
250
Issue of stock for moneyValidity of issue at less than parThe
289
280 Remedy for holder of overissued stock
290
OvervaluationWhether fraud must be proven
302
OF THE MEASURE OF COMPENSATION AND OF DAM
306
The remedy of corporate creditors The English rule
308
When an injunction to restrain a dividend will not be granted
310
The measure of compensation for lands appropriated
319
The liability of corporate officers for fictitious issue of stock
321
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
No title can be founded on forgeryThe purchasers remedy
353
Injuries tostrangers 971 Injuries to servants 972 Injuries to passengersThe carrier not an absolute insurer 973 Free passengers 974 Age sex and phy...
357
The discretion of the directors with respect to declaring dividends
359
CHAPTER XIII
371
The validity of an increase of capital stock not to be questioned 이니 collaterally
384
Stockholders entitled to take new stock at par 327 Effect of reduction upon stockholders liability to creditors
387
CHAPTER XIV
389
Measure of damages for delay 948 Special damages for loss resulting from delay 949 Measure of damages for loss or destruction of goods 950 Me...
391
How enforcedla By action at law 8 429 6 By bill in equity
404
89 The same subject continued and illustrated
418
CHAPTER XV
423
Of speculative and wager contracts for the sale of stuck
438
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
Issue below parRights of purchaser at a discount
468
Mitigation of damages
477
CHAPTER XVII
483
A call unnecessary in case of corporate insolvency 431 Limitation upon the shareholders liability
484
Liability of directors upon contracts beyond their own and
489
DIRECTORS OFFICERS AND AGENTS
491
Admissibility of opinions of witnesses
506
Ultra vires acts apparently infra vires
513
a Infra vires acts rendered ultra vires by the manner of per
514
JD formance 515 b Infra vires acts rendered ultra vires by the purpose of per
515
Le formance 516 c Infra vires acts rendered ultra vires by the extent of per
516
t formance 517 The personal liability of directors herein
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
The same subject continuedOf pools
528
E 529 The same subject continuedOf trusts 530 Of transportation beyond termini
530
531 Of running privileges
531
Of the compensation for running privileges
532
Of condemnation and sale of stock of dissenting shareholders
541
Whether corporate creditors may enjoin a consolidation
542
6 Upon bylaws rules and regulationsThe English statute
544
c Upon tenure of office of officers and employeesThe En glish statute
545
d Upon calls and subscriptions
546
e Upon municipal subscriptions
547
f Upon pending litigation
548
Of the number of directors 457 Qualifications of directors at common law 458 Statutory qualifications of directors 459 The election of an unqualifi...
549
Of the power of railway companies to borrow and to mortgage
603
Of de facto directors officers and agents
604
Of the negotiable nature of bonds and couponsThe American
605
CHAPTER XXVI
607
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
Common carriers defined
641
INJURIES TO PERSONS AND PROPERTY 968 Injuries to property by fire 969 Injuries to cattle
642
Of the liability of an assignor of bonds and coupons
645
No estoppel with respect to illegal acts
648
Proceedings by the attorneygeneral
649
CHAPTER XXI
651
ng m
652
Express legislative authority requisite to valid consolidation
654
Public policy adverse to consolidation of competing railways
656
The manner of effecting consolidation under the New York
658
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
Of debts due the State
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
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
The same subject continued
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
The same subject continued
712
769 Of laches
713
Foreclosure for interest before maturity of principal
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 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
Introduction
725
Efec of dissolution upon debts rights of contract and pending
731
The same subject continuedLeave to sue a receiver in another
732
Of his power and liability as to contracts made before appointment
738

Друга издања - Прикажи све

Чести термини и фразе

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...
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...

Библиографски подаци