The Nature of the Corporation as a Legal Entity, with Especial Reference to the Law of Maryland ... |
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action agent apply authority Baker Motor Vehicle Bank business corporations capacity charter Chief Justice cited citizens citizenship comity common law Company conception conclusion contract corporate acts corporate body corporate existence corporate form corporate personality Corporation Law Court of Appeals Dartmouth College decision deny Deveaux directors discussion distinct diversity of citizenship enemy character estoppel exercise fact facto doctrine federal courts fiction theory fictitious fifth amendment foreign corporation franchise fraud held Henderson incorporation indi individual members interpretation irrebuttable presumption jurisdiction Juristic Person L. T. Rep legislature liability Lord Parker Maryland Court natural persons opinion pany political porate entity porate existence privileges public corporation public-service corporations purpose question Railroad reality reason recognized regarded residence rights and duties rule separate entity shareholders statute stockholders sued suit Supreme Court term theory of corporate tion trading ultra vires United States Constitution United States Supreme vidual
Popular passages
Page 112 - Having no absolute right of recognition in other States but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those States may think proper to impose.
Page 110 - It exists only in contemplation of law, and by force of the law ;, and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation and cannot migrate to another sovereignty.
Page xiv - Among the most important are immortality, and if the expression may be allowed, individuality; properties by which a perpetual succession of many persons are considered as the same, and may act as a single individual. They enable a corporation to manage its own affairs and to hold property without the perplexing intricacies, the hazardous and endless necessity of perpetual conveyances for the purpose of transmitting it from hand to hand.
Page 82 - Where a corporation is created by the laws of a State, the legal presumption is, that its members are citizens of the State in which alone the corporate body has a legal existence.
Page 73 - ... to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all state courts having competent jurisdiction, and in any circuit court of the United States...
Page 38 - Romana peregrino fingitur, si eo nomine agat aut cum eo agatur, quo nomine nostris legibus actio constituta est, si modo iustum sit earn actionem etiam ad peregrinum extendí : ueluti si furti agat peregrinus aut cum eo <agatur.
Page 128 - The amendment is limited to a person who shall be compelled in a criminal case to be a witness against himself...
Page 76 - However true the fact may be, that the tribunals of the states will administer justice as impartially as those of the nation, to parties of every description, it is not less true that the constitution itself either entertains apprehensions on this subject, or views with such indulgence the possible fears and apprehensions of suitors, that it has established national tribunals for the decision of controversies between aliens and a citizen, or between citizens of different states.
Page 60 - Under this article of the constitution it rests with congress to decide what government is the established one in a State. For as the United States guarantee to each State a republican government, congress -must necessarily decide what government is established in the State before it can determine whether it is republican or not.
Page xv - It is chiefly for the purpose of clothing bodies of men, in succession, with these qualities and capacities that corporations were invented and are in use. By these means, a perpetual succession of individuals are capable of acting for the promotion of the particular object like one immortal being.