The Modern Law of Railways: As Determined by the Courts and Statutes of England and the United States, Opseg 1

Charles Fisk Beach (Jr.)

Bancroft-Whitney Company, 1890 - Broj stranica: 1544

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CHAPTER XXIII	1

Of money as baggage 902 Knowledge of contents as affecting liability of carrier 903 The limit of weight and valueExtra compensation 004 Of bag...	4

Of ticketsTheir nature as vouchers or receipts	8

Of the passengers retention of custody 903 Liability of sleepingcar companies for passengers effects 939 The same subject continued	11

939 The carriers right to compensation and its lien to secure payment 940 Payment of charges in advanceWaiver 941 Excessive charges 942 State re...	24

rees 573 CHAPTER XXII	29

Of the petition	31

1022 Carriers subject to the act 1023 Common control management et cetera 1024 Unjust and unreasonable charges prohibited 1025 Elements to b...	39

The same subject continuedOf bonds secured by statutory lien	614

Accepting the fruits of the contract a bar to pleading want of authority in the agent	615

What property is covered by a mortgage	616

506 Of ultra vires acts II	617

Of necessarily incidental powers	618

c Of choses in action and calls	619

d Of the effect of express words of futurityAppurtenances	620

Examples of necessarily incidental powers 509 Additional examples of necessarily incidental powers 510 Additional examplesOf fostering other ent...	621

DISSOLUTION	43

The duty of the trustees to enter or foreclose upon request of a majority of bondholders	46

The rights and duties of trustees in possession of the mortgaged property	62

Of the ownership of the defendant	65

THE ISSUE OF STOCK	74

Issue below parRights of purchaser at a discount 637 Registration	86

91 The carriers liability for delay in delivery of baggageMeasure of damagesExemplary damages	91

CHAPTER XXXVI	96

1054 Greater charge for shorter than for longer haul forbidden	100

b Not contributory negligence there being no seat or room in	125

Introductory	128

1027 Cost of service 1028 Distance as affecting rates 1029 Proceedings to test reasonableness of rates 1030 Unjust discrimination forbidden 1031 Si...	142

996 Defective appliances for transportation	143

Injuries arising from directions of the carriers employees	163

Of the discretion of the legislature	166

Of the companys title	182

CHAPTER XXX	189

638 Of the negotiable nature of bonds and couponsThe American rule	195

1068 Interstate Commerce Commissioners 1069 Powers of the Commission 1070 Complaints and investigations 1071 Findings of Commission as evi...	222

1040 Obligation of railway company to supply suitable and sufficient cars	234

OF THE APPOINTMENT REMOVAL AND DISCHARGE 695 Introduction	239

Of changing the grade of streets 806 Distinction between common and special injuries 807 Actions for damages to be brought against the company ...	272

The receiver holds the property for the benefit of all parties until	285

Of statutes relating to reorganization	287

AND HEREIN OF FICTITIOUS AND OVERISSUED STOCK 250 Of the issue of stockThe several methods 2 1 The issue of stock dividendsWhen f...	289

Liability of corporation for an overissue by an agent acting with out authority from directors 275 The same subject continued 276 The liability of co...	290

CHAPTER XII	327

No title can be founded on forgeryThe purchasers remedy	333

334 Transfer by mortgage and pledge	334

The rights duties and liabilities of a pledgee of stock	335

336 Whether the pledgee may sell and repledge the stock	336

Redemption and forfeiture	337

333 Transfer by saleBrokers contracts 339 The same subject continued	339

769 Of laches	352

306 The discretion of the directors with respect to declaring dividends	359

The corporation estopped to deny the title of a purchaser of new certificates of stock originally transferred by forgery	363

771 Of fraud in reorganization	366

Of speculative and wager contracts for the sale of stock	370

CHAPTER XIII	371

a To relieve the transferrer from liability to the corporation and to its creditors	372

The transferrer may recover calls paid by him from his transferree	373

b To entitle the transferree to a shareholders rights and priv lleges	374

c To protect the transferree against the creditors of his trans	375

Of the taking of streets for tramways 809 Of the taking of streets for elevated railways 810 Of compensation to abutting proprietors the fee of the str...	376

The manner of effecting an increase or reduction	382

Of the receivers title	385

CHAPTER XIV	389

354 The same subject continued Circumstances from which fraud will not be presumed 355 Remedies of the parties defrauded	390

The corporation may refuse registration to both of two claimants Interpleader	397

stock	398

ferrer	412

CHAPTER XV	423

The registered holder liable	424

Corporate creditors must first exhaust their remedy against	425

OF THE MEASURE OF COMPENSATION AND OF DAM AGES	438

The measure of compensation for lands appropriated 814 Of compensation for the condemnation of buildings 815 Peculiar adaptability or prospect...	439

The same subject continuedThe contrary rule 8 377 d To protect the transferree from a fraudulent transfer of the same stock 378 e For the benefit an...	440

fer 399 Liability of the corporation for failure or refusal to register 400 The rights and remedies of holders of outstanding certificates as against the ...	441

CHAPTER XVII	444

Measure of damages for refusal to carry 947 Measure of damages for delay 948 Special damages for loss resulting from delay 949 Measure of dam...	459

The principal rights and powers of the stockholders enumer ated 405 The power to make bylaws 406 Of the right to inspect the corporate books 40...	483

shareholders 428 How enforceda By action at law b By bill in equity 429 430 A call unnecessary in case of corporate insolvency 431 Limitation u...	484

CHAPTER XIX	485

The same subject continuedUpon debts beyond the charter	490

DIRECTORS OFFICERS AND AGENTS	491

772 Wherein consists the change in corporate identity	494

III	497

Of the right to borrow money and to issue receivers certificates	503

Admissibility of opinions of witnesses	506

Ultra vires acts apparently infra vires	513

CHAPTER XVIII	520

Of the number of directors 457 Qualifications of directors at common law 458 Statutory qualifications of directors 459 The election of an unqualifie...	549

Of the president 483 The same subject continued 484 Of the compensation of directors and the president 485 Of the compensation of other officers ...	550

Of the owners remediesa Under the statute	561

Railway and transportation companies as common carriersExсер tions to the rule	579

Selection of connecting carrier 919 Liability of connecting carrier 920 Through shipmentTraffic associations 921 The carriers Liability as insurer ...	588

Circumstances and conditions	589

make	599

Of the power of corporations in general to borrow and to mortgage	602

Of the power of railway companiesto borrow and to mortgage	603

Statutes authorizing borrowing and mortgaging	604

Statutory restrictionsExceptions in favor of current obligations Lloyds bonds	605

Of the extent of the statutory authority	606

CHAPTER XX	607

The consideration to be surrendered when the contract is set aside 522 Of ratification and acquiescence in ultra vires acts 523 Accepting the fruits of ...	608

Of the authority of directors herein	609

Legislative recognition of ultra vires mortgage	610

Of the remedies of shareholders and creditors with respect to an ultra vires mortgage or debt	611

Of the manner of executing mortgages	612

Of the ratification of unauthorized acts	613

g Of earnings	623

The limit to which fostering other enterprises may extend 512 Examples of powers held not necessarily incidental	624

The mortgage lien not impaired by change of route	625

The mortgage lien not impaired by consolidation	626

Of mortgage trustees	627

Of the duties liabilities and remuneration of mortgage trustees	628

Of supplying vacancies	629

Of the removal of mortgage trustees	630

Of income bonds	631

The same subject continuedNet earnings	632

The same subject continuedThe English statute and decisions	639

The requisite certainties of negotiability	640

The same subject continuedOf the effect of absence of negoti able words in coupons	641

Lis pendens	642

Of lost or stolen bonds	643

Of the liability of an assignor of bonds and coupons	644

Equities arising from the negotiation of Stateaid bonds by the railway	645

646 Of detached coupons	646

Of presentation and demand	647

Of the time of payment	648

Of days of grace	649

The effect of maturity upon the negotiable nature of bonds and coupons	650

CHAPTER XXI	651

Provisions of the English statute concerning the completion of works begun by the dissolved company 559 k Upon liability for torts 560 l Upon t...	652

The same subject continuedThe intention of the parties	653

Of the statute of limitations as affecting coupons CHAPTER XXV	654

Introduction	655

The mortgage lien subordinate to the interest of the public in the railway as a going concern	656

Of the mutual obligations of bondholders	657

539 The manner of effecting consolidation under the New York statute	658

Of foreclosure upon a railway situated in two or more States	659

The rights of dissenting shareholders	660

The same subject continued	661

Foreclosure for interest before maturity of principal	662

Of entry for condition brokenSix months clausesSpecific	663

The right of entry not exclusive of other remedies	668

Of charges superior to the mortgage lienCurrent expenses	669

The requisites of current claims	670

The same subject continued	671

Of debts incurred by a receiver in operating the road	672

The same subject continued	673

The same subject continuedExpenses of a receiver a charge upon the corpus	674

Of statutory liensOf equitable liens	675

Statutory liens in favor of laborers and mechanics	676

performance	677

Of the lien of vendors of land 679 Of debts incurred for completing an unfinished line	679

Of rentals of leased linesCartrust leasesRollingstock	680

Of the liens of judgment creditors	681

Of claims for damages breach of contract	682

The distinction between first charges upon income and prior liens upon the corpus	683

Cases in which priority has been refused	684

Of advancements to pay preferred claimsNo right of subroga tion III	685

Of the decree of saleProvision for purchase by bondholders	686

The decree conclusive upon all parties having notice	687

Of the foreclosure sale 689 Of the purchasers title	689

Of the distribution of the proceeds of sale among the bondhold	690

No priority as between holders of bonds and coupons secured	691

the same mortgage 692 Vacation of decree	692

693 The same subject continued	693

Redemption	694

572 Of sale	696

Appointment upon the application of junior mortgagees	697

Sundry circumstances which do not per se work a dissolution Resignation of officersFailure to elect successors et cetera 575 The same subject contin...	698

Effect of dissolution upon debts rights of contract and pending litigation 598 The same subject continuedOf the rights of creditors 599 Of the distrib...	699

The adequacy of remedies at law as affecting the appointment of a receiver	700

Under what circumstances the court will appoint a receiver	701

a Of insolvency as a ground for appointing a receiver	702

b Of default in payment of interest or principal as a ground for appointing a receiver	703

c Of the right to foreclose as a ground for appointing a receiver	704

d Of internal corporate disagreements and derangements	705

e Of failure to run trains	706

f Sundry cases	707

Of the court which may appoint a receiver	708

The court first obtaining jurisdiction retains	709

The rule as to priority of obtaining jurisdiction	710

Of the time when a receiver may be appointed	711

712 The same subject continued	712

The selection of a receiver is in the discretion of the court Appeal	713

The same subject continuedThe New York and federal rule	714

Of eligibility to serve as receiver	715

Of the receivers bond	716

Effect of the appointment upon the rights of litigants and of third parties	717

Effect of the appointment upon corporate powersUpon pending litigation	718

Effect of the appointment upon the liabilities of the company DamagesTaxes	719

720 Removal	720

Discharge	721

The receiver must be discharged upon payment by the defendant of the amount found to be	722

An order by consent vacating an appointment should not make reservations	723

Disposition of the property upon discharge	724

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The Modern Law of Railways: As Determined by the Courts and ..., Opseg 1
Charles Fisk Beach
Potpun prikaz - 1890

The Modern Law of Railways: As Determined by the Courts and Statutes of ...
Charles Fisk Beach
Pregled nije dostupan - 2018

The Modern Law of Railways: As Determined by the Courts and Statutes of ...
Charles Fisk Beach
Pregled nije dostupan - 2015

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Stranica 534 - The general assembly shall provide, by law, that in all elections for directors or managers of incorporated companies, every stockholder shall have the right to vote, in person or by proxy, for the number of shares of stock owned by him, for as many persons as there are directors or managers to be elected...

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Stranica 454 - No better form could be devised to assure the purchaser that he can buy with safety. He is told, under the seal of the corporation, that the shareholder is entitled to so much stock, which can be transferred on the books of the corporation in person or by attorney when the certificates are surrendered, but not otherwise. This is a notification to all persons interested to know that whoever in good faith buys the stock and produces to the corporation the certificate, regularly assigned, with power...

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Stranica 339 - ... shall not be construed to apply to a return of any portion of the capital stock, with the consent of all the mortgagees and bond creditors of the company, due notice being given for that purpose at an extraordinary meeting to be convened for that object.

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Naslov	The Modern Law of Railways: As Determined by the Courts and Statutes of England and the United States, Opseg 1 Izd. 26205-26222 iz 19th-century legal treatises The Modern Law of Railways: As Determined by the Courts and Statutes of England and the United States, Charles Fisk Beach (Jr.)
Autor	Charles Fisk Beach (Jr.)
Izdavač	Bancroft-Whitney Company, 1890
Duljina	Broj stranica: 1544

Izvezi navode	BiBTeX EndNote RefMan

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