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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 Central Law Journal, Τόμος 51

1900 - 536 σελίδες
...ultra vires, where a contract not immoral in itself nor forbidden by any statute has in good faith been fully performed by the other party, and the corporation has had the full benefit of its performance,62 applies with equal force to the other party setting out that the...

The Northeastern Reporter, Τόμος 38

1895 - 1292 σελίδες
...out the object for which the corporation was created. • • • 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 • • * The same rule holds e converso. If the...

Atlantic Reporter, Τόμος 85

1913 - 1260 σελίδες
...plea, that the plaintiff has fully performed the contract on its part. It is settled In this state 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. Camden & Atlantic RR Co. v. May's Landing & Egg Harbor City RR Co.,...

Atlantic Reporter, Τόμος 7

1887 - 1030 σελίδες
...the ground that a private corporation cannot be heard in such a defense where the contract has been performed by the other party, and the corporation has had the benefit of the contract and the performance. The language of Chief Justice LAWIIKNCE, in Bradley v. Sallará, was...

The Southeastern Reporter, Τόμος 45

1904 - 1074 σελίδες
...illegal in a sense that would prevent the maintenance of an action thereon. It Is now well settled that a corporation cannot avail itself of the defense of...corporation has had the benefit of the performance of the contract. As has been said, corporations, like natural persons, have power and capacity to do...

The Southeastern Reporter, Τόμος 19

1894 - 1054 σελίδες
...this upon the sound doctrine that the defense of ultra vires will not avail 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. 2 Beach, Priv. Corp. § 424. Upon the second and third grounds of defense—...

Reports of Cases Heard and Determined in the Appellate Division of ..., Τόμος 90

New York (State). Supreme Court. Appellate Division - 1904 - 764 σελίδες
...contract to be recovered back, or compensation to be made for it." It has been settled in this State that a corporation cannot avail itself of the defense of...performed by the other party, and the corporation has had FIRST DEPARTMENT, JANUARY, 1904. [Vol. 90. the benefit of the performance and of the contract ; that...

Reports of Cases Heard and Determined in the Appellate Division ..., Τόμος 183

New York (State). Supreme Court. Appellate Division - 1919 - 1098 σελίδες
...services have been rendered. While a corporation cannot avail itself of the defense of ultra vires when a contract has been in good faith fully performed by...the benefit of the performance, this rule adopted First Department, May, 1918. [Vol. 183. for the protection of the innocent, and based upon good faith,...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Τόμος 164

Illinois. Supreme Court - 1897 - 712 σελίδες
...of the defense of ultra vires, when a contract, not immoral in itself nor forbidden by any statute, has been in good faith fully performed by the other party, and the corporation has had the full benefit of its performance. (Kadish v. Garden City, etc. Building Ass. 151 Ill. 531). But while...

Cases Argued and Decided in the Supreme Court of the United ..., Τόμοι 151-154

United States. Supreme Court - 1901 - 1380 σελίδες
...and dispose of. 6. Where a corporation has power to enter Into a contract, and the contract has been fully performed by the other party, and the corporation has had the full benefit thereof, the latter cannot be allowed to say that the power was not properly exercised....




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