A Treatise on the Law of Private Corporations: Also of Joint Stock Companies and Other Unincorporated Associations, Volume 2

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T. H. Flood, 1905 - Corporation law - 2384 pages
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Contents

A purchase for illegal purpose is void
1239
Holding in joint tenancy Tenancy in common
1240
829a Power to take and hold personal property and choses in action
1241
rowan T0 SELL AND coxvny rnorsnrx 830 Power of strictly private corporations
1242
Quasipublic corporations require express authority
1244
Sale of the entire property and franchises
1245
832a Sale of entire property may be enjoined
1246
Sales by one corporation to another 1249
1251
Power of directors and other oflicers to sell
1252
Power to sell the franchise to be a corporation
1253
E POWER T0 LEASE run conroaarn PROPERTY 836 General powers to
1256
General power to mortgage corporate property and fran chises
1260
Power to mortgage or sell franchise denied
1262
Effect of transfer of all the property and franchises
1263
G rowan ro normow on T0 LEND MONEY 849 Power to borrow
1264
Power to lend money
1267
H POWER T0 ISSUE NEGOTIABLE PAPER AND norms 851 Power to make and issue promissory notes
1269
Power to make accommodation paper
1272
Power to become surety or guarantor
1275
Power to take stock in another corporation
1276
Power to buy and hold its own stock
1283
K PoWER WITH RESPECT TO CONTRACTS 860 Power to contract
1287
Mode of executing contracts deeds etc
1288
Acknowledgment of deed by corporation
1289
Validity of contracts executed in name of officer instead of corporation
1290
Contracts by quasipublic corporations
1291
Arrangement upheld though the partnership is not
1294
MISCELLANEOUS POWERS 870 Power of corporation to dedicate to public use
1296
Who are chargeable with notice of corporate powers
1297
Notice of powers of corporate officers
1298
872a Corporation cannot be executor though it may be trustee
1299
CHIAPTER XXXIV
1300
Distinguished from the power to tax
1301
Extent of the power Restrictions
1302
What are held to be public uses
1308
What property may be taken
1314
Construction of the grant of power
1316
In case of consolidation
1319
Partperformance of contracts Contracts executed on one side
1332
Restoration of that received a condition of rescission of contract
1335
Enforceability of ultra vires contracts
1336
Contracts which are enforceable against but not by the corporation
1337
Ultra vires as a defense
1338
896a Ultra vires as a defense by the corporation against third parties distinguished from its defense against stock holders
1341
As a defense by a corporation that has received benefits
1342
As defense against a corporation that has given benefits
1344
Knowledge when not presumed in third persons
1347
Contracts ultra vires only in part
1349
Excess of conferred power distinguished from want of power
1351
Remedy in equity by injunction Limited jurisdiction Exception in case of nuisance
1353
A single stockholder may restrain
1356
Dissenting stockholders suits to enjoin
1358
Acquiescence laches by stockholders
1360
Ratification of ultra vires acts
1363
Estoppel effect of knowledge or laches
1365
Illegal corporate acts Distinction between ultra vires acts and illegal contracts
1366
Contracts mala in se
1369
Contracts contrary to public policy
1370
Prohibited acts contracts mala prohibita
1371
Limitation of corporate indebtedness
1373
Ultra Vires corporate conveyance or purchase
1374
State and federal control over corporations generally
1380
Control of fares and rates of railroads and other public
1387
Requirement of annual or quarterly reports
1395
rnusrs AND MONOPOLIES
1403
Exclusive privileges monopoly under special charter
1412
Contracts in partial restraint of trade
1419
Unlawful agreements to fix prices
1425
Right of one corporation to subscribe for stock in another
1432
Examples of unlawful monopolies
1438
CHAPTER XXXVIII
1479
Negligence Liability of common carriers Contracts lim
1486
Trespass quaere clausum fregit
1490
AcTIONS AND DEFENSES BY CoRPoRATIONs
1507
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