Harvard Law Review, Volume 30Harvard Law Review Pub. Association, 1917 - Electronic journals |
From inside the book
Results 1-5 of 53
Page ix
... assets to an- other company , or to form a new company in another state and transfer to it the assets . 335-366 Stockholders : individual liability to corporation and creditors : Effect of failure to pay statutory percentum of ...
... assets to an- other company , or to form a new company in another state and transfer to it the assets . 335-366 Stockholders : individual liability to corporation and creditors : Effect of failure to pay statutory percentum of ...
Page 31
... assets and not from the public treasury , for this kind of judgment against a receiver is not personal . The railroad was operated on behalf of its creditors and stockholders . Those who pocket the benefits of operation should bear its ...
... assets and not from the public treasury , for this kind of judgment against a receiver is not personal . The railroad was operated on behalf of its creditors and stockholders . Those who pocket the benefits of operation should bear its ...
Page 40
... assets . The doctrine in this form strikes us as extravagant and fantastic . A fiduciary duty , the breach of which neither does injure nor ever will injure anybody , is inconceivable . It seems very strange that the Massachusetts court ...
... assets . The doctrine in this form strikes us as extravagant and fantastic . A fiduciary duty , the breach of which neither does injure nor ever will injure anybody , is inconceivable . It seems very strange that the Massachusetts court ...
Page 43
... assets . I do not say that this is laid down as a proposition of law , but I do say that unless it had been assumed as a fact the doctrine of fiduciary duty to the corporation in such cases would never have been dreamed of . The ...
... assets . I do not say that this is laid down as a proposition of law , but I do say that unless it had been assumed as a fact the doctrine of fiduciary duty to the corporation in such cases would never have been dreamed of . The ...
Page 45
... assets would still consist of property worth $ 8,000 and cash paid in by the subscribers $ 2,000 , or $ 10,000 in all . The amount of stock would be reduced and the company's assets would be represented by the 8,000 shares retained by ...
... assets would still consist of property worth $ 8,000 and cash paid in by the subscribers $ 2,000 , or $ 10,000 in all . The amount of stock would be reduced and the company's assets would be represented by the 8,000 shares retained by ...
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Common terms and phrases
29 HARV absolute liability administrative applied assets assignee assignor authority Bigelow breach chose in action civil claim CODE Commission common law Commonwealth Conflict of Laws Congress consent Constitution contract corporation court of equity creditors criminal damages decision decree defendant doctrine duty effect enforce English Law equitable servitudes equity existence fact federal granted held injury insanity intention interest Interstate Commerce Interstate Commerce Commission J. P. Morgan judgment judicial jurisdiction jurists jury Justice land law merchant legislation limited marriage Mass Massachusetts militia N. Y. Supp negligence neutral opinion owner ownership parties person plaintiff present principle Professor promoters quasi-contract question railroad reason recognized recover relation remedy result rule seems STAT statute stockholders subscribers supra Supreme Court testator theory tion tort trust United wrong
Popular passages
Page 635 - Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint...
Page 73 - That it shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented...
Page 298 - That every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 410 - We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there, anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 515 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 400 - ... such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this act...
Page 765 - January, eighteen hundred and ninety-eight, it shall be unlawful for any such common carrier to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars.
Page 222 - has freedom to do all that he wills, provided he infringes not the equal freedom of any other...
Page 730 - A person is not excused from criminal liability as an idiot, imbecile, lunatic, or insane person, except upon proof that, at the time of committing the alleged criminal act, he was laboring under such a defect of reason as: 1. Not to know the nature and quality of the act he was doing; or, • 2. Not to know that the act was wrong.
Page 150 - A negotiable instrument is discharged : 1. By payment in due course by or on behalf of the principal debtor ; 2. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation; 3. By the intentional cancellation thereof by the holder; 4. By any other act which will discharge a simple contract for the payment of money; • 6.