Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volume 49
Soney & Sage, 1893 - Law reports, digests, etc
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action agreed agreement alleged amount answer appears application asked assignment authority benefit bill bonds Brown C. E. Gr charge Chicago claim Company complainant condition Conover consideration considered construction contract conveyance conveyed corporation court creditors death debt decree deed defendant direct effect entitled equity established evidence executed executors exercise fact filed fraud further give given hands held hold hundred husband intended interest issued John judgment Junction land live Male ment mortgage named natural necessary notice object opinion owner paid parties payment person possession premises present principal proceedings proof purchase question railroad Read reason receiver recorded referred respect respondent rule says shares sold statute Stew suit taken tion trust whole wife witness
Page 147 - Every mortgage or conveyance intended to operate as a mortgage, of goods and chattels, which shall hereafter be made, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change of possession...
Page 241 - In addition to the powers enumerated in the first section of this title, and to those expressly given in its charter, or in the act under which it is or shall be incorporated, no Corporation shall possess or exercise any corporate powers, except such as shall be necessary to the exercise of the powers so enumerated and given.
Page 369 - States, to them in hand paid by the same party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, and the said party of the second part, his heirs, executors, and administrators, forever released and discharged from the same, by these presents...
Page 178 - ... together with all and singular, the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above described premises, and every part and parcel thereof, with the appurtenances.
Page 276 - ... were present at the making thereof; nor unless it be proved that the testator, at the time of pronouncing the same, did bid the persons present or some of them, bear witness that such was his will or to that effect...
Page 462 - A representation made by one party for the purpose of influencing the conduct of the other party, and acted upon by him, will in general be sufficient to entitle him to the assistance of this Court for the purpose of realizing such representation.
Page 276 - ... habitation or dwelling, or where he or she hath been resident for the space of ten days or more next before the making of such will, except where such person was surprised or taken sick, being from his own home, and died before he returned to the place of his or her dwelling.
Page 41 - But, upon an examination of the cases in which they were rendered, it will be found that the legislation adjudged invalid imposed a tax upon some instrument or subject of commerce, or exacted a license fee from parties engaged in commercial pursuits, or created an impediment to the free navigation of some public waters, or prescribed conditions in accordance with which commerce in particular articles or between particular places was required to be conducted. In all the cases the legislation condemned...
Page 232 - Questions of policy of management, of expediency of contracts or action, of adequacy of consideration not grossly disproportionate, of lawful appropriation of corporate funds to advance corporate interests, are left solely to the honest decision of the directors if their powers are without limitation and free from restraint. To hold other* ise would be to substitute the judgment and discretion of others in the place of those determined on by the scheme of incorporation.
Page 218 - LJ that this doctrine of ultra vires ought " to be reasonably, and not unreasonably, understood and applied, and that whatever " may fairly be regarded as incidental to, or consequential upon, those things which the " legislature has authorised, ought not (unless expressly prohibited) to be held by "judicial construction to be ultra vires.