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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
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

Law Series, Τεύχη 25-32

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...

Commission Leaflets: Recent Commission Orders, Rulings and ..., Τεύχη 144-149

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...

The Federal Reporter, Τόμος 274

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...

The Federal Reporter

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...

The Federal Reporter, Τόμος 19

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...

Cases on Private Corporations

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...

The Federal Reporter, Τόμος 141

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...

The Federal Reporter, Τόμος 133

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...

The Central Law Journal, Τόμος 11

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...

The Central Law Journal, Τόμος 94

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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