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" Incapable of making it, the courts, while refusing to maintain any action upon the unlawful contract, have always striven to do justice between the parties, so far as could be done consistently with adherence to law, by permitting property or money, parted... "
Michigan Reports: Cases Decided in the Supreme Court of Michigan - Side 610
av Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Herschel Bouton Lazell, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, James M. Reasoner, Richard W. Cooper - 1906
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The Legal Nature of Corporations

Ernst Freund - 1897 - 92 sider
...justice between the parties, so far as it could be done consistently with adherence to law, by permitting property or money parted with on the faith of the unlawful contract to be recovered back, or compensation to be made fork."1 Second : The law may treat the ultra vires...
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Annual Report of the American Bar Association: Including ..., Volum 23

American Bar Association - 1900 - 692 sider
...justice between the parties, so far as could be done consistently with adherence to law, by permitting property or money, parted with on the faith of the unlawful contract, to be recovered back."' Other language by eminent judges might be quoted in support of this view. Mr....
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The American and English Railroad Cases: A Collection of All Cases ...

1900 - 944 sider
...justice between the parties, so far as it could be done consistently with adherence to law, by permitting property or money parted with on the faith of the unlawful contract to be recovered back, or compensation to be made for it." We are of opinion that the defense of ultra...
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Cases Argued and Decided in the Supreme Court of the United ..., Volumer 139-142

United States. Supreme Court - 1901 - 1548 sider
...justice between the parties, so far aa could be done consistently with adherence to law, by permitting property or money, parted with on the faith of the unlawful contract, to be recovered back, or compensation to be made for it. In such case, however, the action is not maintained...
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Cases on Restraint of Trade, Utgave 3

Bruce Wyman - 1903 - 308 sider
...justice between the parties, so far as it could be done consistently with adherence to law, by permitting property or money, parted with on the faith of the unlawful contract, to be recovered back, or compensation to be made for it. In such case, however, the action is not maintained...
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Cases on the General Principles of the Law of Private Corporations, Volum 2

Horace La Fayette Wilgus - 1902 - 1056 sider
...justice between the parties, so far as could be done consistently with adherence to law, by permitting property or money, parted with on the faith of the unlawful contract, to be recovered back, or compensation to be made for it. In such case, however, the action is not maintained...
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The New York Supplement, Volum 86

1904 - 1266 sider
...York State Reporter ties set far as could be done consistently with adherence to law. by permitting property or money parted with on the faith of the unlawful contract to be recovered back, or compensation made." It has been settled in this state that a corporation cannot...
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The Northwestern Reporter, Volum 105

1906 - 1290 sider
...complainant that the case comes within that line of decisions where, when the unlawful contract hae been fully or partially performed by one party, equity...principle of holding a party to an accountability for benefits received. From an examination of these cases it appears that the recovery allowed was not...
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A Treatise on the Law of National and State Banks: Including the Clearing ...

Harvey White Magee - 1906 - 864 sider
...justice between the parties so far as could be done consistently with adherence to law, by permitting property or money, parted with on the faith of the unlawful contract, to be recovered back, or compensation to be made for it. In such case, however, the action is not maintained...
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The American State Reports: Containing the Cases of General Value ..., Volum 113

Abraham Clark Freeman - 1907 - 1186 sider
...combination, their liability upon the Young judgment was mutual, and that the claimed notice of the suit wras sufficient to require defendant to appear and defend...cases without exception, in so far as such contracts 611 have been executed and not executory, upon the equitable principle of holding a party to an accountability...
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