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" It Is now very well settled that a corporation cannot avail itself of the defense of ultra vires when the contract has been in good faith fully performed by the other party, and the corporation has had the full benefit of the performance and of the contract. "
The New York Supplement - Σελίδα 591
1918
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The American State Reports: Containing the Cases of General Value ..., Τόμος 7

Abraham Clark Freeman - 1889 - 990 σελίδες
...advance justice, but, on the contrary, will accomplish a legal wrong It is now very well settled that a corporation cannot avail itself of the defense of...by the other party, and the corporation has had the full benefit of the performance and of the contract. If an action cannot be brought directly upon the...

National Bank Cases: Containing All Decisions of Both the Federal ..., Τόμος 3

Irving Browne - 1889 - 824 σελίδες
...as being well settled, " that a corporation cannot avail itself of the defense of ultra vires when a contract has been, in good faith, fully performed...by the other party, and the corporation has had the full benefit of the performance and of the contract." " If an action cannot be brought directly upon...

Rights, Remedies, and Practice, at Law, in Equity, and Under the ..., Τόμος 1

John Davison Lawson - 1889 - 920 σελίδες
...now very well settled that a corporation cannot avail itself of the defense of ultra vires when tho contract has been in good faith fully performed by the other party, and the corporation has had the full benefit of tho performance and of the contract. If an action cannot be brought directly upon the...

The Modern Law of Railways: As Determined by the Courts and ..., Τόμος 1

Charles Fisk Beach (Jr.) - 1890 - 804 σελίδες
...cannot avail itself of the defense of ultra vires. where the contract has been in good faith fuîlv performed by the other party, and the corporation has had the benefit of the contract and the performance.1 Although there may be a defect of power in а со porat on to make...

Commentaries on the Law of Private Corporations: Whether with Or ..., Τόμος 2

Charles Fisk Beach - 1891 - 886 σελίδες
...settled that a corporation can not avail itself of the defense of ultra vires when the contract itself has been, in good faith, fully performed by the other party, and the corporation has had the full benefit of the contract. If an action can not be brought directly upon the agreement, either equity...

Contractual Limitations: Including Trade Strikes and Conspiracies and ...

Charles Andrew Ray - 1892 - 580 σελίδες
...Cent. Lond. 1878, 738; Bishop v. Kitchen, 38 LJNSQB 20. of ultra vires where its contract has been performed by the other party and the corporation has had the benefit of the contract and its performance.' Where contracts are positively immoral or illegal, the property earned...

Minnesota Reports: Cases Argued and Determined in the Supreme ..., Τόμος 53

Minnesota. Supreme Court - 1894 - 624 σελίδες
...16 Ind. 29; Painter v. Polk County, 81 Iowa, 242. We further suggest that the plaintiff is estopped. A corporation cannot avail itself of the defense of...by the other party, and the corporation has had the full benefit of the performance. Whitney Arms Co. v. Barlow, 63 NY 62. WC Odell, for respondent. The...

North Carolina Reports: Cases Argued and Determined in the ..., Τόμος 114

North Carolina. Supreme Court - 1894 - 1110 σελίδες
...this upon the sound doctrine that the defence of ultra irir&s will not avail when the contract itself has been in good faith fully performed by the other party, and tlie corporation lias had the full benefit of the contract. •2 Beach Pr. -Tout., section 4*24. Upon...

The American and English Encyclopedia of Law, Τόμος 27

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - 1895 - 1082 σελίδες
...20 Am. Rep. 504; Bowman Dairy Co. v. Mooney, 4: Mo. App. Classification of Ultra Vires Contract». avail itself of the defense of ultra vires when the...good faith fully performed by the other party, and it has had the full benefit of the performance and of the contract ; and, conversely, if the other...

Reports of Cases Decided in the Appellate Courts of the State of ..., Τόμος 65

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1896 - 710 σελίδες
...although prohibited by statute or common law. Morawetz on Corporations, Sec. 721. A corporation can not avail itself of the defense of ultra vires when the...by the other party, and the corporation has had the full benefit of the performance and of the contract. The same rule holds e converso. Cadisch et al....




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