§ 143. § 144. § 142. Miscellaneous defenses to actions to enforce subscriptions. Waiver, acquiescence and delay, a bar to the subscriber's remedy. Corporate insolvency a bar to every remedy. § 147. § 148. Of voluntary payments before a call has been made. § 149. No formalities requisite to validity of calls. § 150. A call is generally necessary to render the obligation to pay absolute. § 155. The authority to make calls-In whom vested. § 156. Calls by directors-Requisites of validity. § 157. § 158. § 159. § 160. § 161. § 154. Stockholders cannot question the necessity for making a call. The authority to make calls-To what extent it may be delegated Uncalled subscriptions are not assignable nor subject to mortgage. Of the time and place of payment, and the person to whom Of calls payable in installments. § 162. Notice of calls-Whether a condition precedent to action to en, force payment. § 170. Pleading-Measure of damages-Limitation. CHAPTER VIII. OF THE FORFEITURE OF SHARES OF STOCK. § 171. The several remedies of the company against delinquent stockhold § 175. The remedy by forfeiture and sale is statutory-The statute to be. strictly followed. § 176. The method of forfeiture-Statutory provisions concerning, strictly construed. § 177. to § 179. Notice of forfeiture requisite-Notice not equivalent to forfeiture. The remedy by forfeiture is not exclusive of the common law reme- § 180. Whether the shareholder is liable for deficiency after forfeiture and sale. § 183. The liability of the purchaser at forfeiture sale. The effect of forfeiture upon the shareholder's liability to creditors. (A). The Grant of Authority to the Municipality. § 185. Authority of municipal corporations to aid railway enterprises, solely statutory. § 186. The constitutional power of the legislature to authorize municipal aid. § 187. The same subject continued-Conflicting authorities-Weight of opinion. § 188. Power to authorize aid to railways outside of State or county. § 191. § 190. Express grant must be shown-Effect of statute a question of law. § 192. § 193 § 194. Remedial statutes and votes of ratification. § 198. Constitutional inhibitions. § 199. Construction of constitutional inhibitions. § 200. Restrictions upon the amount of municipal subscriptions and of taxes levied in payment thereof. § 201. Constitutional and legislative inhibitions not retroactive. § 202. Effect of inhibitions upon subscriptions authorized but not concluded. (B). The Submission to Popular Vote. § 203. Submission of question of municipal aid to the popular vote. B § 205. § 206. § 204. Constitutionality of acts submitting the question to a class of voters. § 207. Of variance between petitions and notice. § 208. What persons entitled to vote for railway aid. § 209. The same subject continued-Partners, trustees and agents as § 210. Whether a voter may withdraw his consent. § 211. What constitutes "a majority?" § 212. Of bribery and fraudulent misrepresentations to influence the § 213. § 214. (C). Change in the Status of Municipality or Railway. § 215. Transfer of railway property and franchises. § 216. Liability of transferee of property of a railway recipient of muni- § 217. Of assignment of interest in tax-Of forfeiture of charter of rail § 218. The form of the contract of subscription-Whether the popular vote constitutes a subscription-Acceptance by the railway. § 219. Municipal subscriptions may be conditional-Injunction to restrain breach of conditions. § 220. Of performance and waiver of conditions. FOTE § 221. Effect of non-performance of conditions upon the validity of bonds. § 222. What officers may make the contract of subscription and issue the bonds. § 223. Scope of authority of commissioners and municipal officers. § 224. § 225. (B). The Payment of the Subscription. Of payment of the subscription-Whether in bonds or in money. § 226. Of taxation for payment of municipal donations or subscriptions. § 227. (C). Municipal Bonds. § 928. Municipal bonds not to be issued below par. § 229. Of the negotiability of municipal bonds and their coupons. § 230. Of bona-fide purchasers of municipal bonds. § 231. Estoppel of municipality to deny legality of bonds. § 232. Sundry acts constituting an estoppel. § 233. Recitals in bonds-Operation of to estop municipality. § 234. Estoppel by certificate of municipal authorities. § 235. The same subject, continued-Records may be attacked by direct proceedings only. § 236. Holders of municipal bonds affected with knowledge of law. § 237. No estoppel as to bonds issued entirely without authority. § 238. Of coupons of municipal bonds. $239. Of the substitution and re-issue of bonds. (D). Rights and Remedies Herein. § 240. Rights and remedies of railway. § 241. Rights and remedies of holders of municipal bonds. § 242. Rights and remedies of holders of void municipal bonds. § 243. Rights and remedies of municipality. § 244. Rights and remedies of municipality not superior to other sub scribers'. § 245. The same subject, continued-Delivery of stock. § 246. Remedies of the municipality with respect to void bonds. 247. Remedies of tax-payers. § 248. Conflict of remedies-Operation of mandamus upon injunction, § 249. Rule of construction in federal courts-When the decisions of State courts will be followed. CHAPTER XI. The issue of stock dividends-When fictitious and fraudulent. Issue of stock for money-Validity of issue at less than par-The § 253. The same subject, continued-Exception where the rule would be Issue of stock for property or services-The English rule as to reg- § 258. Distinction between an issue for property or services and a "sale" § 260. Issue of stock for property or services taken at an overvaluation. § 261. Overvaluation-Whether fraud must be proven. § 262. Whether fraudulent intent is a question of fact or of law. The validity of a fictitious issue may be impeached by the State- Not to be questioned by the corporation. § 234. A fictitious issue not to be set aside nor enforced at the suit of The remedy of corporate creditors-The American rule. |