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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 139
Tennessee. Supreme Court,William Wilcox Cooke
Uten tilgangsbegrensning - 1918
action adverse possession agreed allowed amendment amount Appeal applied assigned attachment authority Bank bill bond building called cause Chancellor charge charter Circuit cited and approved claim Coal Code Company complainant Constitution construction construed contract convey corporation costs County Court damages Davis death debt decree deed defendant dollars entitled entry error evidence execution fact filed follows furnished further give given grant ground Heis held hold husband indorsed insisted intended interest issue Judge judgment jury land liable lien limitation March materials matter ment Nashville notice objection opinion original owner paid parties payment person plaintiff possession present proof purchase question Railroad reason received record rule Sneed statute suit taken Tenn Tennessee term tion trial trust widow witness
Side 444 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Side 425 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence.
Side 170 - No corporation shall be created by special laws, or its charter extended, changed or amended, except those for charitable, educational, penal or reformatory purposes, which are to be and remain under the patronage and control of the state, but the general assembly shall provide, by general laws, for the organization of all corporations hereafter to be created.
Side 180 - We may now take it for granted that the dealings with these companies are not like dealings with other partnerships, and that the parties dealing with them are bound to read the statute and the deed of settlement. But they are not bound to do more. And the party here, on reading the deed of settlement, would find, not a prohibition from borrowing, but a permission *to do so on certain conditions.
Side 338 - The duties and powers of the officers or Nashville ?'. Sutherland & Co. public agents of the corporation are prescribed by statute or charter, which all persons not only may know, but are bound to know. The opposite doctrine would be fraught with such danger and accompanied with such abuse that it would soon end in the ruin of municipalities or be legislatively overthrown.
Side 121 - ... conferred upon it by the legislature, is not voidable only, but wholly void, and of no legal effect. The objection to the contract is, not merely that the corporation ought not to have made it, but that it could not make it. The contract cannot be ratified by either party, because it could not have been authorized by either. No performance on either side can give the unlawful contract any validity, or be the foundation of any right of action upon it.
Side 90 - Legislature, nor shall the seat of justice of any county be removed without the concurrence of two-thirds of the qualified voters of the county. But the foregoing provision requiring a two-thirds majority of the voters of a county to remove its county seat shall not apply to the counties of Obion and Cocke. The fractions taken from old counties to form new counties, or taken from one county and added to another, shall continue liable for their...
Side 60 - Equity regards the property of a corporation as held in trust for the payment of the debts of the corporation, and recognizes the right of creditors to pursue it into whosesoever possession it may be transferred, unless it has passed into the hands of a bona fide purchaser...
Side 443 - And when no rate is fixed by the laws of the State or territory, the bank may take, receive, reserve, or charge a rate not exceeding seven per centum, and such interest may be taken in advance, reckoning the days for which the note, bill, or other evidence of debt has to run.