 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
 | Mississippi. Supreme Court - 1893 - 1096 σελίδες
...corporation will .not be allowed to interpose the plea of ultra vires when its contracts have been performed by the other party, and the corporation has had the benefit of the contract and its performance. 48 NJ Law, 580; 96 U. S., 258. See also Prairie Lodge v. Smith, 58 Miss.,... | |
 | 1925 - 630 σελίδες
...apply." Vought v. Eastern Bldg. & Loan Assn., 172 NY 508, 517 (1902),—"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." the plaintiff bank, to whom the note had been endorsed as collateral for a loan... | |
 | 1887 - 958 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 LAWRENCE, in Bradley v. Ballard, was cited... | |
 | Missouri. Courts of Appeals - 1913 - 830 σελίδες
...McElroy, 98 Mo. 349, 11 SW 735 ; 10 Cyc. 1134.] And the following rule is said to be well settled: "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... | |
 | Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1912 - 706 σελίδες
...appellant cannot avail himAm. Credit Indemnity Co. v. Yamer, 170 11l. App. 350. self of that defense. "A corporation cannot avail itself of the defense...by the other party, and the corporation has had the full benefit of the performance of the contract. * * * The same rule holds eo converso. If the other... | |
 | Kansas. Supreme Court, Elliot V. Banks, William Craw Webb, Asa Maxson Fitz Randolph, Gasper Christopher Clemens, Thomas Emmet Dewey, Llewellyn James Graham, Oscar Leopold Moore, Earl Hilton Hatcher, Howard Franklin McCue - 1913 - 1074 σελίδες
...in 29 A. & E. Encycl. of L. 50. It reads : "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." (See, also, 29 A. & E. Encycl. of L. 70.) In... | |
 | 1922 - 1328 σελίδες
...the defense of ultra vires, where 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. This rule applies with equal force to the other party setting out... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1895 - 778 σελίδες
...Real Property, sec. 390.) 2. The corporation can not avail itself of the defense of ulira vires where the contract has been in good faith fully performed by the other party or he has expended money in performance. (Beach on Law of Railways, sees. 498, 606, 518, 623, 630.)... | |
| |
