The Modern Law of Railways: As Determined by the Courts and Statutes of England and the United States, Том 1

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Bancroft-Whitney Company, 1890 - 1544 страница

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IV
76
Pleading evidence etc 945 Who may recover
97
Greater charge for shorter than for longer haul forbidden
100
What constitutes a public use
133
Of money as baggage
165
810
181
CHAPTER XXXI
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
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
Enhanced value from construction of road
341
sind lowed
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
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 947 Measure of damages for delay 948 Special damages for loss resulting from delay 949 Measure of dam...
391
Whether the company may inquire into the purpose of the trans
398
CHAPTER XV
423
CHAPTER XVI
440
Liability of the corporation for failure or refusal to register 400 The rights and remedies of holders of outstanding certificates as against the transferr...
441
CHAPTER XVII
483
How enforceda By action at law 429 b By bill in equity 430 A call unnecessary in case of corporate insolvency 431 Limitation upon the shareholde...
484
CHAPTER XIX
485
Indemnification of directors
488
Liability of directors upon contracts beyond their own and the corporate powers
489
490 The same subject continuedUpon debts beyond the charter
490
DIRECTORS OFFICERS AND AGENTS
491
cater the old company
494
Admissibility of opinions of witnesses
506
CHAPTER XVIII
520
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 president 483 The same subject continued 484 Of the compensation of directors and the president 485 Of the compensation of other officers...
550
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
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
New formed 521 The consideration to be surrendered when the contract is set aside 522 Of ratification and acquiescence in ultra vires acts
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
d Of the effect of express words of futurity Appurtenances
620
e Of fixtures 622 f Of rolling stock
621
g Of earnings
623
Examples of powers held not necessarily incidental
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
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
Accepting the fruits of the contract a bar to pleading ultra vires
636
Registration
637
Of detached coupons 647 Of presentation and demand
647
of running privileges 532 Of the compensation for running privileges 533 No estoppel with respect to illegal acts
648
Proceedings by the attorneygeneral
649
The effect of maturity upon the negotiable nature of bonds and coupons
650
OWEN dect 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 2
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 1
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

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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...
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