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" It is now 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 benefit of the performance and of the contract. "
Reports of Cases Argued and Determined in the Superior Court of the City of ... - Side 357
av New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1884
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Albany Law Journal, Volum 30

1885 - 550 sider
...111. 418; Rutland & UR Co. v. Proctor, 29 Vt. 93. lu the first of these oases the court say : " It ia now very well settled that a corporation cannot avail...performed by the other party, and the corporation has bad the full benefit of the performance and of the contract. If an action cannot be brought directly...
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Reports of Cases Heard and Determined by the Supreme Court of ..., Volum 102

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1916 - 614 sider
...they were not illegal in a sense that would prevent the maintenance of an action thereon. It is now well settled that a corporation cannot avail itself...by the other party, and the corporation has had the benefit of the performance of the contract. As has been said, corporations, like natural persons, have...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volum 40

1897 - 642 sider
...obligations under the contract, this plea will not avail. "A corporation may not avail itself of the defence ultra vires when the 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": A. & E. Enc. of Law, vol. 27,...
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The Federal Reporter, Volum 141

1906 - 1122 sider
...Eastern Building Association v. Williamson, 1S9 US 122, 23 Sup. Ct. 527, 47 L. Ed. 735. "It Is now well settled that a corporation cannot avail itself...performed by the other party, and the corporation has hud the benefit of the performance and of the contract • • * It may be that, while a contract remains...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumer 35-36

1888 - 1906 sider
...that it could make would restore the status of the two corporations. It is a well-settled principle "that a corporation cannot avail itself of the defense...contract has been in good faith fully performed by the party , and the corporation has had the full benefit of the performance of the contract." Arms Go....
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volum 21

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1881 - 702 sider
...258. " It is now well settled, that a corporation cannot avail itself of the defence of ultra rim, when the contract has been, in good faith, fully performed by the other party, and the corporation 1ms had the full benefit of the performance and of the contract." Whitney Arms Co. v. Barlow, 63 NY...
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The Pacific Reporter, Volum 54

1899 - 1206 sider
...prevail when It will not advance justice, but on the contrary will accomplish a legal wrong. It Is very well settled that a corporation cannot avail...ultra vires when the contract has been in good faith performed by the other party, and the corporation has had full benefit of the performance of the contract...
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The Pacific Reporter, Volum 132

1913 - 1236 sider
...receives a telegram to be transmitted over its telegraph line, and receives a valuable benefit therefrom, cannot avail itself of the defense of ultra vires,...in good faith fully performed by the other party. [Kd. Note. — For other cases, see Corporations, Cent. Dig. §§ 1556-1567 ; Dec. Dig. i 3S8.*] Appeal...
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The Pacific Reporter, Volum 138

1914 - 1246 sider
...lack of authority of one of its principal officers to bind it In that particular respect " • • • It is now very well settled that a corporation cannot...itself of the defense of ultra vires when the contract in good faith, has been fully performed by the other party, and the corporation has had the full benefit...
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West Coast Reporter ...: Containing All the Decisions as Fast ..., Volumer 9-10

1886 - 1338 sider
...Waterman, in his late excellent treatise upon the specific performance of contracts, says that it is now settled that a corporation cannot avail itself of the defense of ultra vires, when the contract has l>een in good faith fully performed by the other party, and the corporation has had the full benefit...
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