A Treatise on the Law of Corporate Bonds and Mortgages: Being the 3d Edition of "Railroad Securities," RevBobbs-Merrill Company, 1907 - 849 páginas |
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Otras ediciones - Ver todas
A Treatise on the Law of Corporate Bonds and Mortgages: Being the 3D Edition ... Leonard Augustus Jones Sin vista previa disponible - 2018 |
A Treatise on the Law of Corporate Bonds and Mortgages; Being the 3d Edition ... Leonard A. 1832-1909 Jones Sin vista previa disponible - 2018 |
A Treatise on the Law of Corporate Bonds and Mortgages: Being the 3D Edition ... Leonard Augustus Jones Sin vista previa disponible - 2013 |
Términos y frases comunes
acquired after-acquired property amount appurtenances Asso Atlantic &c attached authority Bank bona fide purchaser bondholders cars Central Trust Central Trust Co charter Chicago &c claim construction contract corporation County coupons court of equity debenture debt deed default directors earnings entitled equity erty execute a mortgage existing Farmers fixtures foreclosure franchise gage grant held income insolvent instrument interest Iowa Jersey &c land lien loan Louis &c Memphis &c ment Mercantile Trust Co Minnesota Co mort mortgage bonds mortgagor N. J. Eq negotiable negotiable instruments notice Ohio St operate paid pany parties payable payment personal property pledge poration possession prop purchaser purpose railroad company rails railway company real estate realty regarded road rolling stock Stats statute stockholders subsequent Supreme Court Tallassee tion tolls ultra vires valid York &c
Pasajes populares
Página 165 - The rolling stock, and all other movable property belonging to any railroad company or corporation in this state, shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals, and the general assembly shall pass no law exempting any such property from execution and sale.
Página 470 - In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the .mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt; 3.
Página 152 - A mortgage intended to cover afteracquired property can only attach itself to such property in the condition in which it comes into the mortgagor's hands. If that property is already subject to mortgages or other liens, the general mortgage does not displace them, though they may be junior to it in point of time.
Página 671 - While, ordinarily, this power is confined to the appropriation of the income of the receivership and the proceeds of moneyed assets that have been taken from the company, cases may arise where equity will require the use of the proceeds of the sale of the mortgaged property in the same way.
Página 673 - It cannot be affirmed that no items which accrued before the appointment of a receiver can be allowed in any case. Many circumstances may exist which may make it necessary and indispensable to the business of the road and the preservation of the property, for the receiver to pay pre-existing debts of certain classes, out of the earnings of the receivership, or even the corpus of the property, under the order of the court, with a priority of lien.
Página 647 - The appointment of a receiver vests in the court no absolute control over the property, and no general authority to displace vested contract liens. Because in a few specified and limited cases this court has declared that unsecured claims were entitled to priority over mortgage debts, an idea seems to have obtained that a court appointing a receiver acquires power to give such preference to any general and unsecured claims.
Página 221 - Suspicion of defect of title or the knowledge of circumstances which would excite such suspicion in the mind of a prudent man, or gross negligence on the part of the taker, at the time of the transfer, will not defeat his title. That result can be produced only by bad faith on his part.
Página 657 - ... both of the property and of the public, and the payment of limited amounts due to other and connecting lines of road for materials and repairs, and for unpaid ticket and freight balances, the outcome of indispensable business relations, where a stoppage of the continuance of such business relations would be a probable result, in case of nonpayment, the general consequence involving largely, also, the interests and...
Página 40 - The stock and indebtedness of corporations shall not be increased except in pursuance of general law, nor without the consent of the persons holding the larger amount in value of the stock first obtained at a meeting to be held after sixty days notice given in pursuance of law.
Página 469 - Certainly, in the granting of injunctions, which is not a matter of right, but rests in the sound discretion of the court...