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Bøker Bok 6170 av 101Where a corporation is incompetent by its charter to take a title to real estate,...
" Where a corporation is incompetent by its charter to take a title to real estate, a conveyance to it is not void, but only voidable, and the sovereign alone can object. It is valid until assailed in a direct proceeding instituted for that purpose. "
The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ... - Side 91
av George Washington Field - 1881 - 600 sider
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United States Reports: Cases Adjudged in the Supreme Court, Volum 218

United States. Supreme Court - 1911
...Where usurious interest is contracted for, a forfeiture is prescribed and explicitly defined. ******** "Where a corporation is incompetent by its charter...purpose. Leazure v. Hillegas, 7 Serg. & R. (Pa.) 313; Goundie v. Northampton Water Co., 7 Pa. St. 233; Runyon v. Coster, 14 Pet. 122; The Banks v. Poiliaux,...
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The Supreme Court Reporter, Volum 31

1911
...decision. Where usurious interest is contracted for, a forfeiture is prescribed and explicitly defined. "Where a corporation is incompetent by its charter...instituted for that purpose. Leazure v. Hillegas, supra; Goundie v. Northampton Water Co. 7 Pa. 233; Runyan v. Coster, 14 Pet. 122, 10 L. ed. 382; Banks...
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Cases on Private Corporations

1913 - 985 sider
...Court of the United States, reversing the Supreme Court of the state of Missouri, laid down the rule, "where a corporation is incompetent by its charter...only voidable, and the sovereign alone can object ;" that "it is valid until assailed by a direct proceeding instituted for that purpose" by the government...
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Law of Corporations

John Thomas Mulligan - 1913 - 594 sider
...conveyance is not void but voidable. The sovereign power alone can object to such a conveyance, and it is valid until assailed in a direct proceeding instituted for that purpose. 35 § 23. Capitalization.—In determining the capitalization of a corporation, many things should...
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Modern American Law: A Systematic and Comprehensive Commentary on ..., Volum 9

Eugene Allen Gilmore, William Charles Wermuth - 1914
...proceedings by the government for exercising powers not authorized by law. The general rule is, that where a corporation is incompetent by its charter...is not void, but only voidable, and the sovereign state alone can object. The conveyance, in other words, is perfectly valid until assailed in a direct...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1915
...But if there was any force in this objection to the title, it could not be raised by the debtor, for where a corporation Is Incompetent by its charter...a conveyance to it is not void, but only voidable. The sovereign alone can object. It is valid until assailed in a direct proceeding instituted for that...
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Handbook of the Law of Private Corporations

William Lawrence Clark, Isaac Maurice Wormser - 1916 - 913 sider
...A. Booth Packing Co., 169 111. by its charter to take title to real estate, by the better authority, a conveyance to it is not void, but only voidable,...valid until assailed in a direct proceeding instituted by the state for that purpose. "This rule, while recognizing the authority of the government to which...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1916
...estate. It is an established principle that even when a corporation is incompetent by its charter to take title to real estate, a conveyance to it is not void but only voidable, and its validity can be assailed only by the state creating it in a direct proceeding instituted for the...
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Rose's Notes on the United States Supreme Court Reports (2 Dallas to ..., Bok 10

Walter Malins Rose, Charles Lawrence Thompson - 1918
...an appearance was made de bene esse. 98 US 621-630, 25 L. Ed. 188, UNION NATIONAL BANK v. MATTHEWS. Where a corporation is incompetent by its charter...take a title to real estate, a conveyance to it is only voidable, and the sovereign alone can object. Approved in Watkins v. Iowa Cent. Ry. Co., 123 Iowa,...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1919
...M'atthews, 98 US 621, 25 L. Ed. 188. In the latter case, the Supreme Court, among other things said : "Where a corporation Is Incompetent by Its charter...a direct proceeding Instituted for that purpose." After carefully considering the provisions of the West Virginia Constitution, in the light of the foregoing...
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