The American and English Railroad Cases: A Collection of All Cases in the Courts of Last Resort in America and England [1879?-1895].
Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson
Edward Thompson Company, 1882
Covers cases decided [1879?]-1895.
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action agreement alleged amount appears appellant applied appointed authority Bank bill bondholders bonds Canada R. R. cars cause Central certificates charge charter claim consolidation constitute construction contract corporation court creditors damages debt decree defendant directors dividends duty earnings effect entitled equity error evidence executed exercise existence expenses fact fund further give given granted hands held hold holders injury interest issue judgment jury lease liability lien limitations managers Manhattan Metropolitan mortgage necessary negligence notes objection operation opinion original owner paid parties passed payment persons petition plaintiff possession present principal proper purchase question R. R. Co railroad company railway reason receivers recover reference respect road rule statute stockholders street suit taken thereof tion track train trustees Vermont and Canada York
Страница 373 - ... but the person pledging such stock shall be considered as holding the same, and shall be liable as a stockholder accordingly, and the estates and funds in the hands of such executor, administrator, guardian or trustee, shall be liable in like manner, and to the same extent as the testator or intestate. or the ward or person interested in such trust fund would have been, if he had been living and competent to act, and held the same stock in his own name.
Страница 341 - Every act shall embrace but one subject, and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Страница 355 - Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law.
Страница 278 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Страница 373 - ... of such company ; but the person pledging such stock shall be considered as holding the same, and shall be liable as a stockholder accordingly, and the...
Страница 294 - From time to time to borrow such sums of money as may be necessary for completing and finishing or operating their railroad, and to issue and dispose of their bonds for any amount so borrowed, and to mortgage their corporate property and franchises to secure the payment of any debt contracted by the company for the purposes aforesaid...
Страница 375 - Statutes 1879, which declares that " no person holding stock in any such company, as executor, administrator, guardian or trustee, and no person holding such stock as collateral security, shall be personally subject to any liability as stockholder of such company...
Страница 278 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Страница 382 - ... whole of the capital stock is not before subscribed, open books of subscription to fill up the capital stock of the company, in such places and after giving such notice as they may deem expedient, and may continue to receive subscriptions until the whole capital stock is subscribed.
Страница 587 - In determining what is proximate cause the true rule is that the injury must be the natural and probable consequence of the negligence : such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.