 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1919 - 806 páginas
...the parties, when the plainest rules of good faith so require." ' Day v. Buggy Co., 57 Mich. 151. " 'The plea of ultra vires should not as a general rule...on the contrary, would accomplish a legal wrong.' Timm v. Brewing Co., 160 Mich. 371, 374. "See, also, cases cited in plaintiff's brief, and Blackwood... | |
 | 1885 - 544 páginas
...the plainest rules of good faith demand. Castle v. Lewis, 78 NY 131. The rule is well settled that the plea of ultra vires should not, as a general rule,...but on the contrary would accomplish a legal wrong. Whitney Arms Co. v. Barlow, 63 NY 63. See also Atlantic State Bank v. Savery, 82 id. 291. Under the... | |
 | Isaac Grant Thompson - 1877 - 882 páginas
...improperly used for purposes de hors the legitimate business of the corporation. The plea of idtra vires should not as a general rule prevail, whether...but on the contrary would accomplish a legal wrong. Here, as between two corporations, the debtor and creditor corporation, the contract has been fully... | |
 | Edward Lillie Pierce - 1881 - 684 páginas
...where it e&ects a Legal Wrong. — " The plea of ultra vire»" it has been said by high authority, " should not as a general rule prevail, whether interposed...justice, but, on the contrary, would accomplish a legal wrong."8 A doctrine, it may be remarked, which is to be set aside whenever in a pending cause it does... | |
 | Charles Theodore Boone - 1881 - 626 páginas
...thereof by either party, the defense of ultra vires will not be sustained by the courts.2 Tim defense should not as a general rule prevail, whether interposed...it would not advance justice, but on the contrary work a legal wrong.3 Therefore, if a corporation has entered into a contract, which has been fully... | |
 | 1900 - 1164 páginas
...supported by reason nor by authorities. The plea of ultra vires ousht not to be permitted to prevail when interposed for or against a corporation, when it would not advance justice. Waterworks Co. v. City of Columbus, 48 Kan. 99, 28 Гас. 1097. 2. The next contention is that the... | |
 | 1899 - 1206 páginas
...to its power to contract for the improvement. US v. Tingey, 5 Pet 115; US v. Bradley, 10 Pet. 343. The plea of ultra vires should not, as a general rule, prevail when it would not advance Justice, but would accomplish a legal wrong. Arms Co. v. Barlow, 63 NY «2.... | |
 | Horace Gay Wood - 1885 - 758 páginas
...the contract, as originally made, was ultra vires is not a very important inquiry at this time. . . . The plea of ultra, vires should not, as a general...but, on the contrary, would accomplish a legal wrong. . . . One who has received from a corporation the full consideration of his engagement to pay money,... | |
 | 1885 - 544 páginas
...demand. Castle v. Lewis, 78 NY 131. The rule is well settled that tho plea of ultra irires should not, os a general rule, prevail, whether interposed for or...but on the contrary would accomplish a legal wrong. Whitney Arms Co. т. Barlow, 63 NY 62. See also Atlantic State Bank v. Savery, 82 id. 291. Under the... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1885 - 786 páginas
...the plainest rules of good faith demand. (Castle v. Lewis, 78 NT 131.) The rule is well settled that the plea of ultra vires should not, as a general rule, prevail, whether inteqjosed for or against a corporation, when it would not advance justice, but, on the contrary, would... | |
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The plea of ultra vires should not as a general rule prevail, whether interposed for or against a corporation, when it would not advance justice, but on the contrary would accomplish a legal wrong. 
