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 5911918Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
| 1923 - 582 σελίδες
...question, and have received and retained the consideration for the contract sought to be enforced." "A corporation cannot avail itself of the defense...by the other party, and the corporation has had the full benefits of the performance and of the contract. The same rule holds e converso; if the other... | |
| American Telephone and Telegraph Company. Bureau of Commission Research. Legal Dept - 1924 - 1424 σελίδες
...Loan and Building Association et al., 151 Illinois 531; 42 American State Reports 256, it is said that "A corporation cannot avail itself of the defense...by the other party, and the corporation has had the full benefit of the performance/' In the case of Williams et al. v. Bank of Commerce et al., 71 Mississippi... | |
| 1922 - 1088 σελίδες
...Loan Ass'n, 172 NY 508, 65 NE 496, 92 Am. St. Rep. 761, the following : "It is now well settled that a corporation cannot avail itself of the defense of...corporation has had the benefit of the performance and of the contract. * » » While they have no right to violate Iheir charters, yet they have capacity... | |
| 1925 - 1118 σελίδες
...to allow such a defense to prevail in an action by the corporation. 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... | |
| 1884 - 964 σελίδες
...v. Proctor, 29 Vt. 93. In the first of these cases the court say : "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... | |
| George Folger Canfield, Isaac Maurice Wormser - 1925 - 960 σελίδες
...to prevail in an action by the corporation. It is now very well settled that 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. If an action can not be brought directly upon... | |
| 1906 - 1052 σελίδες
...settled that a corporation cannot avail itself of the defense of ultra vires when the contract has be.ni in good faith fully performed by the other party,...corporation has had the benefit of the performance and of the contract. * * * It may be that, while a contract remains unexecuted upon both sides, a corporation... | |
| 1905 - 1050 σελίδες
...the opera house company in this respect, the defense of ultra vires is not available to the company. The contract has been In good faith fully performed by the other party, the money has been paid, and the opera house company has had the full benefit of the payment and the... | |
| 1880 - 568 σελίδες
...corporation. * * It is now very well settled that a corporation can not avail itself of the defense, 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. If an action can not be brought directly upon... | |
| 1922 - 496 σελίδες
...NYS 664. 32. Ultra Vires. — 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 it has had the full benefit of the performance and of the contract. — Woollard v. City of Albany.... | |
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