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action affirmed alleged allowed amount answer appellant appellant's appellee application attorney attorneys for appellant authority bill building cause charge Chicago Circuit Court claim condition contract corporation counsel County damages decree deed defendant in error delivered the opinion direct duty effect entered evidence exceptions execution fact filed follows further give given Heard held injury instruction interest issue Judge judgment jury JUSTICE liable loan March matter ment mortgage motion negligence notice October opinion Opinion filed original paid party payment person plaintiff in error possession premises presented presiding question railroad reason received record recover referred refused returned reversed rule secured side statement statute street sufficient suit sustained term testified testimony tion tracks train trial trust verdict West witness writ
Page 112 - Whenever, therefore, whether from personal incapacity, the nature of the contract, or any other cause, the contract is incapable of being enforced against one party, that party is equally incapable of enforcing it against the other, though its execution in the latter way might in itself be free from the difficulty attending its execution in the former.
Page 291 - ... therefore beyond the powers 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.
Page 291 - a contract of a corporation, which Is ultra vires, In the proper sense, that Is to say, outside the object of its creation as defined in the law of its organization, and therefore beyond the powers 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.
Page 291 - ... one contracting with a corporation, to take notice of the legal limits of its powers ; the interest of the stockholders, not to be subjected to risks which they have never undertaken ; and, above all, the interest of the public, that the corporation shall not transcend the powers conferred upon it by law.
Page 636 - ... that where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 291 - The charter of a corporation, read in the light of any general laws which are applicable, is the measure of its powers, and the enumeration of those powers implies the exclusion of all others not fairly incidental.
Page 591 - In cases, however, where persons are employed in the performance of ordinary labor, in which no machinery is used and no materials furnished the use of which requires the exercise of great skill and care, it can scarcely be claimed that a defective instrument or tool furnished by the master, of which the employee has full knowledge and comprehension, can be regarded as making out a case of liability within the rule laid down.
Page 18 - 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.
Page 486 - No railroad corporation shall issue any stock or bonds, except for money, labor or property actually received, and applied to the purposes for which such corporation was created; and all stock dividends, and other fictitious increase of the capital stock or indebtedness of any such corporation, shall be void. The capital stock of no railroad corporation shall be increased for any purpose, except upon giving sixty days' public notice, in such manner as may be provided by law.