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" ... where it is a simple question of capacity or authority to contract, arising either on a question of regularity of organization or of power conferred by the charter, a party who has had the benefit of the agreement cannot be permitted, in an action... "
The American State Reports: Containing the Cases of General Value and ... - Σελίδα 523
επεξεργασία από - 1889
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

A treatise on the rules which govern the interpretation and application of ...

Theodore Sedgwick - 1857 - 712 σελίδες
...is valid, and the penalty only attaches to the officer who performs the act expressly prohibited.* It must be further borne in mind, that the invalidity...repudiate a contract the fruits of which he retains. f And the principle of this exception has been extended to other cases. So a person who has borrowed...

A Treatise on the Rules which Govern the Interpretation and Application of ...

Theodore Sedgwick - 1857 - 712 σελίδες
...is valid, and the penalty only attaches to the officer who performs the act expressly prohibited.* It must be further borne in mind, that the invalidity...defendant to repudiate a contract the fruits of which he retains.f And the principle of this exception has been extended to other cases. So a person who has...

A Digest of New York Statutes and Reports: From the Earliest Period ..., Τόμος 2

Benjamin Vaughan Abbott, Austin Abbott - 1864
...but all such objections, if valid, are only available on behalf of the sovereign power of the State. It would be in the highest degree inequitable and unjust to permit him to rescind a contract, the fruits of which he retains, and can never be compelled to restore. 2T....

A General Digest of the Law of Corporations: Presenting the American ...

Benjamin Vaughan Abbott, Austin Abbott - 1869 - 1004 σελίδες
...but all such objections, if valid, arc only available on behalf of the sovereign power of the State. It would be in the highest degree inequitable and unjust to permit him to rescind a contract, the fruits of which he retains, and can never be compelled to restore. NY...

A Treatise on the Rules which Govern the Interpretation and Construction of ...

Theodore Sedgwick - 1874 - 692 σελίδες
...is valid, and the penalty only attaches to the officer who performs the act expressly prohibited.* It must be further borne in mind, that the invalidity...repudiate a contract the fruits of which he retains, f And the principle of this exception has been extended to other cases. So, a person who has borrowed...

Cases Argued and Adjudged in the Supreme Court of the United States, Τόμος 19

United States. Supreme Court - 1874
...conclusive in the case before us. In Sedgwick on Statutory and Constitutional Law,|| it is said : " It must be further borne in mind that the invalidity...inequitable and unjust to permit the defendant to repudiate * Qelpcku r. Dubuque, 1 Wallace, 175. f Bulz v. Muscatine, 8 Wallace, 579. ; 16 Id. 667. Opinion of...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 47

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1875
...organization or of power conferred by the charter, a party who has had the benefit of the agreement can not be permitted, in an action founded on it, to question...institution upon his promissory note, secured by a pledge of bank-stock, is not entitled to an injunction to prevent the prosecution of the note, upon the ground...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 65

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1879
...organization or of power conferred by the charter, a party who has had the benefit of the agreement can not be permitted, in an action founded on it, to question...institution upon his promissory note, secured by a Sturgeon et al. v. The Board of Commissioners of Daviess County. pledge of bank stock, is not entitled...

Cases Argued and Adjudged in the Supreme Court of the United States, Τόμος 98

United States. Supreme Court - 1879
...charter, a party who has had the benefit of the agreement cannot be permitted in an action founded upon it to question its validity. It would be in the highest degree inequitable and unjust to permit a defendant to repudiate a contract, the benefit of which he retains." What is said in the text is...

The Central Law Journal, Τόμος 8

1879
...cha-- ter, a party who had the benefit of the agreement can not be permuted in an action founded upon it to question its validity. It would be in the highest degree inequitable and unjust to permit a defendant to repudiate a contract, the benefit of which he retains." What is said in the text is...




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