Essays and Addresses: With Explanatory Notes

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Neale Publishing Company, 1912 - United States - 252 pages

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Page 151 - The objects for which a corporation is created are universally such as the government wishes to promote. They are deemed beneficial to the country ; and this benefit constitutes the consideration, and, in most cases, the sole consideration, of the grant.
Page 155 - A private corporation," say the court, "created by the Legislature, may lose its franchises by a misuser or a nonuser of them; and they may be resumed by the government under a judicial judgment upon a quo warranto to ascertain and enforce the forfeiture. This is the common law of the land, and is a tacit condition annexed to the creation of every such corporation.
Page 173 - No one can claim protection for the exclusive use of a trade-mark or trade-name which would practically give him a . monopoly in the sale of any goods other than those produced or made by himself. If he could, the public would be injured, rather than protected, for competition would be destroyed.
Page 157 - The rule of construction in this class of cases is that it shall be most strongly against the corporation. Every reasonable doubt ia to be resolved adversely. Nothing is to be taken as conceded but what is given in unmistakable terms, or by an implication equally clear. The affirmative must be shown. Silence is negation, and doubt is fatal to the claim.
Page 121 - June 1776, he submitted a resolution, declaring, " that the united colonies are and ought to be free and independent states ; that they are absolved from all allegiance, to the British crown ; and that all political connection, between them and the state of Great Britain is, and ought to be, totally dissolved.
Page 165 - All combinations among persons or corporations for the purpose of raising or controlling the prices of merchandise, or any of the necessaries of life, are monopolies and intolerable, and ought to receive the condemnation of all courts.
Page 234 - ... principle that the ownership of shares of stock, as of other property, carries with it the legal right to sell, and contended that the owners of the shares of the South Pennsylvania Railroad Company could not legally be restrained from so doing, and that an injunction against the purchaser would have that effect.
Page 157 - The act of incorporation is to them an enabling act; it gives them all the power they possess; it enables them to contract, and when it prescribes to them a mode of contracting, they must observe that mode, or the instrument no more creates a contract than if the body had never been .incorporated.
Page 218 - That invisible, intangible, and artificial being, that mere legal ./entity, a corporation aggregate, is certainly not a citizen ; and consequently cannot sue or be sued in the courts of the United States, unless the rights of the members, in this respect, can be exercised in their corporate name. If the corporation be considered as a mere faculty, and not as a company of individuals who in transacting their joint concerns may use a legal name, they must be excluded from the courts of the union.
Page 158 - Conceding the rule applicable to all statutes, that what is fairly implied is as much granted as what is expressed, it remains that the charter of a corporation is the measure of its powers, and that the enumeration of these powers implies the exclusion of all others.

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