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

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Bancroft-Whitney Company, 1890 - 1544 σελίδες
 

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Περιεχόμενα

Of the discretion of the legislature
52
THE ISSUE OF STOCK
74
IV
76
Of tender after refusal to payResumption of journey
84
91 The carriers liability for delay in delivery of baggageMeasure
91
CHAPTER XIX
127
What constitutes a public use
166
Of the taking of streets for tramways 809 Of the taking of streets for elevated milways 810 Of compensation to abutting proprietors the fee of the str...
181
CHAPTER XXXI
189
Interstate Commerce Commissioners
222
Introduction
239
Of statutes relating to reorganization
287
AND HEREIN OF FICTITIOUS AND OVERISSUED STOCK
289
26 Issue of stock for property or services taken at an overvaluation
301
OF THE MEASURE OF COMPENSATION AND OF DAM AGES
306
The remedy of corporate creditors The English rule
308
The measure of compensation for lands appropriated 814 Of compensation for the condemnation of buildings 815 Peculiar adaptability or prospect...
319
CHAPTER XII
327
Transfer by mortgage and pledge
334
Enhanced value from construction of road 818 The measure of damages to the unappropriated residue 819 Of single and disconnected properties 8...
341
Of laches
352
Injuries tostrangers
357
The duty of the trustees to enter or foreclose upon request of
359
CHAPTER XIII
371
CHAPTER XIV
389
Elements of damage
418
CHAPTER XV
423
In lemnification of directors
438
CHAPTER XVI
440
The corporation may refuse registration to both of two claimants Interpleader 398 Whether the company may inquire into the purpose of the trans f...
441
When transferrees of fictitiously issued stock are affected with
459
Mental suffering shame and humiliation as elements of damage
465
Of the negotiable nature of bonds and couponsThe American
469
Mitigation of damages
477
CHAPTER XVII
483
Liability of directors upon contracts beyond their own and
489
DIRECTORS OFFICERS AND AGENTS
491
Wherein consists the change in corporate identity
494
The same subject continuedWhen that right arises 8 417 Refusal of directors to act a prerequisite to the shareholders right herein
499
What interest in stock will entitle its holder to sue herein
501
B
502
Of the stockholders liability to corporate creditors 420 The extent of the liability
503
Liability for laborers wages 422 Of the futility of attempts to avoid liability upon stook
505
Corporate creditors must first exhaust their remedy against
511
Ultra vires acts apparently infra vires
513
a Infra vires acts rendered ultra vires by the manner of per formance
514
6 Infra vires acts rendered ultra vires by the purpose of per formance
515
c Infra vires acts rendered ultra vires by the extent of per formance
516
The liability of corporate officers for fictitious issue of stock
517
Who may plead ultra viresa A single dissenting stock holder
518
6 Corporate creditors of a failing concern
519
c The other contracting party until the corporation has per formed
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 527 The same subject continuedO lobbying
527
The same subject continuedOf pools
528
The same subject continuedO trusts
529
Of the number of directors 8 457 Qualifications of directors at common law 458 Statutory qualifications of directors 459 The election of an unquali...
549
Of the joint and several liability of directors
550
Cost of service
572
Of loans made by the directors to the corporation
582
Of secret profits by directors in dealings with the corporation
583
Of the companys election to avoid or enforce transactions with
585
Distance as affecting rates 1029 Proceedings to test reasonableness of rates 1030 Unjust discrimination forbidden 8 1031 Similar circumstances and ...
589
The carriers liability as warehouseman
601
Of de facto directors officers and agents
604
directors
605
Of the extent of the statutory authority
606
The same subject continued
612
e Of fixtures
621
Of mortgage trustees
627
Of lost or stolen bonds
641
DevicesRebatesLike kind of traffic 1033 Differences in rates on different parts of railway 1034 Equality of rates and facilities 8 1035 Lawful discri...
643
Of presentation and demand
647
OF CONSOLIDATION AND MERGER AND HEREIN OF LEASE AND SALE 535 Introductory 8 536 Express legislative authority requisite to vali...
651
e To deliver within a reasonable time
653
The mortgage lien subordinate to the interest of the public in
656
The New York statute authorizing consolidationGeneral pro visions
657
The manner of effecting consolidation under the New York
658
Of entry for condition brokenSix months clausesSpecific
663
The same subject continuedExpenses of a receiver a charge
674
Of rentals of leased linesCartrust leasesRollingstock
680
Injuries to property by fire 969 Injuries to cattle
681
Regulation of passenger traffic 1039 The same subject continued Free passes Equal accommoda tions
683
Of the decree of saleProvision for purchase by bondholders
686
OF THE APPOINTMENT REMOVAL AND DISCHARGE OF RECEIVERS
687
Obligation of railway company to supply suitable and sufficient cars
693
Introduction
695
Of sale
696
Appointment upon the application of junior mortgagees
697
AND HEREIN OF FORFEITURE AND APPEAL
698
Redemption
699
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
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 1 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
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
Introduction
725
statute
732
Of his power and liability as to contracts made before appointment
738

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Σελίδα 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...
Σελίδα 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.
Σελίδα 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.
Σελίδα 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...
Σελίδα 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.
Σελίδα 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.
Σελίδα 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...
Σελίδα 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...
Σελίδα 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.
Σελίδα 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...

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