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Popular Law Library Vol8 Partnership, Private Corporations, Public Corporations | by Albert H. Putney



A partnership is a legal relation existing between two or more persons, arising from a contract express or implied, under which a business is conducted for and in behalf of the members of the firm, by mutual agency or through an agency agreed upon...

TitlePopular Law Library Vol8 Partnership, Private Corporations, Public Corporations
AuthorAlbert H. Putney
PublisherCree Publishing Company
Year1908
Copyright1908, Cree Publishing Company
AmazonPopular Law-Dictionary
-Twenty-Third Subject. Partnership. Chapter I. The Law Of Partnership. General Analysis. Section 1. Partnership Defined
By Frederic D. Jordan, A. B., LL. B. Professor Of The Law Of Contracts And Partnership In The Illinois College Of Law. A partnership is a legal relation existing between two or more persons, arisin...
-Section 2. Presumptions
As to third parties the law presumes mutual agency unless these parties have notice of the terms of the contract providing for some other agency. Within the scope of the business of the partnership o...
-Section 3. Powers Of Members Governed By Contract
The business of a firm is to be conducted for and in behalf of the members of the firm; but the members may agree that some one member or a third party shall conduct the business and fix his powers an...
-Section 4. Importance Of The Contract Relation
A partnership is a legal relation arising from a contract, express or implied. The relation is a question of law and fact, not a question of name. The court will look at the relation created by the co...
-Section 5. Who Is Not A Member
A person who is not one of the mutual agents of the firm and has not controlled, determined, fixed or limited the agency through which the business is conducted, and has no power to do so, is not a me...
-Section 6. Cases And Judicial Opinions Pertaining To The Nature Of A Partnership
The owner of a two hundred acre tract of land near a city entered into a written agreement with four other persons, part of whom were real estate brokers, whereby the latter, at their own expense, wer...
-Cases And Judicial Opinions Pertaining To The Nature Of A Partnership. Continued
The following contract was held to create no partnership: Party of the first part covenants to pay 10 per cent of the net profits of a business to be carried on under the name and style of Elmwood Che...
-Section 7. Clubs And Associations
Unincorporated clubs and associations formed for political, social, religious, educational or charitable purposes and not for financial gain, are not partnerships. The members are not mutual agents; t...
-Section 8. Defective Organization Of A Corporation
An association of individuals may be conducting a business under a claim of corporate powers and privileges when there is no legal corporate existence. In such a case the organization is neither a cor...
-Section 9. Tenants In Common
Owners of individual shares in real estate or personal property are not mutual agents in the improvement and disposition of the property. Nevertheless one who removes an incumbrance, makes a repair ne...
-Section 10. Contract To Form Partnership
There is a distinction between a partnership already launched or entered upon and a mere contract to form a partnership. The difference is similar to that between a promise to marry and marriage. A su...
-Chapter II. Partnership Capital And Property, And Powers And Liabilities Connected Therewith. Section 12. No Capital Necessary
Attorneys at law may form a partnership, or physicians, or musicians, in which no common capital is needed. Or a firm may borrow its capital, or conduct its business on credit. The use of a patent of ...
-Section 13. Distinction Between Firm Capital And Firm Property
Partnership property includes everything to which the firm acquires title in the course of its business, including capital contributed by the members, and its amount may vary from day to day, while th...
-Section 14. Share In Profit And Loss
All partners are supposed to share equally in profit and loss whatever their contributions to the capital stock, unless other provisions are made. The reason for the rule depends on the mixed consider...
-Section 15. Failure In The Contribution Of Capital
When capital is paid in, the partners cannot withdraw it before dissolution; advances made to partners are loans, not withdrawals of capital If a partner fails to pay all of his share of the capital, ...
-Section 16. Loss Of The Property Whose Use Is Contributed
If one partner contributes the use of a boat, team of horses, building, or machine or other property, the accidental destruction of this property will be his loss, since the title is in him. While in ...
-Section 17. Property Purchased With Firm Assets
All property bought with funds belonging to a firm is prima facie, at least, the property of the firm, though the title to such property be taken in the individual names of one or more of the partners...
-Section 18. Nature Of A Partner's Interest In The Property
The partnership property belongs to the firm, and a partner has an interest in it depending on his share of the capital and his share of the profits, and the value of these shares depends on the relat...
-Section 19. Some Illustrations Of Foregoing Principles
In Wild vs. Milne,11 the prayer in the bill was that the partnership property might be sold, or so much thereof as might be necessary, and applied in payment of debts and liabilities, and that the sur...
-Some Illustrations Of Foregoing Principles. Continued
13 Strong vs. Lord, 107 III., 25; Gal-braith vs. Tracy, 153 III., 54; Shearer vs. Sheaver, 98 Mass., 107. 14 Sune vs. Tyler, 49 Me., 252; Goodwin vs. Richardson, 11 Mass., 469. 15 63 III., 541. Th...
-Chapter III. Power And Agency Of Partners. Section 20. Scope Of Authority
There is a presumption in the absence of agreement shown and notice thereof brought home to those concerned that each partner is the agent of the partnership as to all contracts and transactions withi...
-Section 21. Recognized Powers
Among these powers, the following are usual: The purchase and sale of property; the transfer of property in payment of debts; the pledge and mortgage of personal property to secure partnership credito...
-Section 22. Matters Not Usually Within Partner's Power
Among matters not ordinarily assumed to be within the scope of the power of a partner are the following: Confessions of judgment; submission to arbitration; the making of a general assignment;7 the sa...
-Section 23. Negotiable Paper
The making and dealing in negotiable paper (except the drawing of checks or orders on partnership funds in payment of firm obligations) is held not to be in the ordinary scope of a non-trading firm. T...
-Section 24. Powers Determined By Agreement
Who the partners shall be, their interests, rights, powers, duties, and liabilities among themselves, all depend on the original partnership agreement, which cannot be changed without the consent of a...
-Section 25. Notice Of Dissolution
Death and Bankruptcy are notice to the world of the dissolution of a partnership; but in the case of a voluntary withdrawal of a member from a firm, it is incumbent on the firm to give notice in order...
-Section 26. Delectus Personarum
A partner has the power, if not the right, to dispose of his interest in the partnership, but no power or right, except by express agreement, to compel his co-partners to accept his vendee as a new pa...
-Section 27. Designation Of Partners
Before discussing further the powers of partners, it will be well to give the technical names by which they are known according to their position in or relation to the partnership. Members may be acti...
-Section 28. Subpartnerships
One or more of the members of a firm may wish to dispose, not of their shares in the partnership, but of an interest therein, that is, they wish to realize on the anticipated profits in the business. ...
-Section 29. Infant Partners
An infant partner has the same power as an adult partner to bind the firm; like an adult he has no power to withdraw his capital invested in the firm without the consent of all the other partners, a b...
-Section 30. Liability Between Partners For Torts
A member of the firm acting within the scope of the partnership business and with the object of furthering the partnership interests may bind the firm by his negligence or tortious manner of transacti...
-Section 31. Admissions
In the conduct of the business, one partner may make admissions that will be binding upon the firm. Statements of a nominal partner in relation to the affairs of the firm are not admissible in evidenc...
-Section 32. License
Unlicensed persons cannot conduct as partners, a business that must be conducted by licensed persons. But if a qualified person carries on the business, his associates in the profits or his principals...
-Section 33. Illegal Partnerships And Wrongful Acts
If a partnership is formed for the purpose of smuggling or gambling, the law will not aid the partners in the division of profits or return of capital, or in the enforcement of any of the terms of the...
-Section 34. Liability Of Partner To Firm For Negligence, Etc
Every partner is liable to the firm for loss caused by his failure to exercise due care and diligence in his conduct of the firm business.15 And every presumption will be against those to whose neglig...
-Section 35. Compensation For Services
In absence of contract no partner is entitled to payment for his service however much these may exceed those of the other partners. Even if unusual services are necessitated by the illness of a partne...
-Section 36. Neglect Of Duty
On the other hand, mere mistakes in judgment, and mere neglect of interests where no duty devolves under agreement impose no liability, a distinction being made between the negligent performance of du...
-Section 37. Rule Of The Majority
A person dealing with the firm may consider the consent of a majority to a contract as the consent of the firm, although he knows of the dissent of the minority of the members. In an even division a p...
-Section 38. Incoming Partners And Debts
An incoming partner is not liable for debts of the firm contracted before he became a partner as the members were not his agents in contracting them.23 This does not apply to a continuing contract rel...
-Section 39. Novation
When the business is continued after one or more members retire from the firm, it is customary for those who continue the firm business to assume the debts of the old firm as a part of the considerati...
-Section 40. Parties Defendant To A Suit
Dormant and secret partners are proper but not necessary parties defendant to a suit against the firm; but if they are not made parties, even though the failure to make them so arises from ignorance o...
-Section 41. Extension Of Time To Continuing Partner
It is a common law principle that an extension of time for consideration to a principal releases the surety. And where a firm is continued on the retirement of one partner with assumption of debts and...
-Section 42. Partition Of Real Estate
On the American rule that on dissolution partners, after debts and obligations of the firm are met, have a right to partition of real estate bought for the purpose of occupation and use in the firm bu...
-Section 43. Land Purchased For Speculation
That real property purchased for the purpose of speculation is considered personalty, at least till death of one of the partners intervenes, see the following cases: Nicoll vs. Ogden, 29 III., 323, 81...
-Section 44. Dower
That there is no right of dower in partnership lands sold during the existence of the partnership for partnership purposes, see the following cases: Dicky vs. Shirk, 128 Ind., 278; Grissom vs. Moore, ...
-Section 45. Leases
A partner who obtains the lease of premises which are being used for partnership purposes will be deemed in law to hold the lease in trust for the firm. A partner has authority to take a lease but not...
-Section 46. Illicit Gains Of A Partner
And if a partner becomes the purchaser of claims against the firm, he can charge against the firm only what he paid.27 And a partner must account for commissions and rewards received on account of pa...
-Section 47. Expense Incurred
While a partner may not charge for services rendered by him, he may charge for expenses incurred in the preservation of firm property either in the payment of the services of another or in the payment...
-Section 48. Ratification
And finally, a subsequent ratification by the firm of an act of a partner is equivalent to antecedent authority.31 ...
-Section 49. Cases, Judicial Opinions, And Comments
In Conlan vs. Mead,32 the Court said: It is next claimed that appellees' instruction No. 5 is erroneous in informing the jury that they are 'at liberty to consider the statements and representations ...
-Cases, Judicial Opinions, And Comments. Part 2
39 Mechem's Elements of Partnership, sec. 205, p. 138. 40 Haley vs. Oase, 142 Mass., 316; Hess vs. Lowrey, 122 Ind., 225; Collier vs. McOall, 84 Ala., 190; Strang vs. Bradner, 114 U. 8.. 555: Chester...
-Cases, Judicial Opinions, And Comments. Part 3
But independent of the authorities, we are satisfied that the rule holding the estate of a deceased partner primarily liable in equity, is sound in principle. Doggett, in his lifetime, was individua...
-Cases, Judicial Opinions, And Comments. Part 4
If there had been a restriction on the power of a partner to mortgage in the partnership contract, it would not have been binding on the mortgagee without notice. The question of marshaling assets ca...
-Cases, Judicial Opinions, And Comments. Part 5
Inasmuch as an individual partner could not himself come in and compete with the partnership creditors, who are in fact his own creditors, in the distribution of the fund, and thereby prejudice those...
-Chapter IV. Miscellaneous Subjects. Section 50. Negotiable Paper
A partner who signs the firm name to a note or other instrument without authority, express or implied, is chargeable personally upon the instrument.1 But the declaration should be against him alone, a...
-Section 51. New Obligations
No liquidating partner, or any partner, after dissolution of the firm, has power to create, as a rule, any new obligation or to make or sign any negotiable paper. The surviving partner or partners, wh...
-Section 52. Set-Off
Inasmuch as the title to the property, including choses in action, passes to the surviving partner, so in suits by and against him, whether originating in partnership transactions or not, individual c...
-Section 53. Deeds
A deed should name the partners as grantees, and add the firm designation to indicate the relation in which they hold the land; and a deed specifying the grantees only by the partnership name will, ac...
-Section 54. Garnishment
On judgment against an individual partner, a debtor of the firm cannot be garnished, since he is not for the reason of being indebted to the firm, a debtor of the individual partner, and since partner...
-Section 55. Execution
In Newell vs. Townsend, 6 Sim., 419, one partner died before the writ of execution on judgment against the firm came into the hands of the sheriff. Held, that as the title had changed, the sheriff cou...
-Section 56. Nominal Partner
In a firm of Secor, Swan & Co., Secor was a nominal partner only. Goods were sold to the firm under the supposition that this Secor was the Secor who had formerly been a member of the firm but lately ...
-Section 57. Exemptions
At the trial of the case of Pond vs. Kimball, in the Superior Court of Middlesex County, Massachusetts, it appeared that plaintiffs were copartners; that all the property attached was partnership prop...
-Twenty-Fourth Subject. Private Corporations. Chapter I. Definition And Classification. Section 1. Definition
An early common law definition of a corporation is a franchise created by the King, and is a body constituted by policy, with a capacity to take and do. 1 The famous definition of Chief Justice Mar...
-Section 2. Partnerships And Private Corporations Compared
A private corporation presents many contrasts to a partnership. The law considers a corporation as possessed of a personality independent of those of its members. This is not the case with a partnersh...
-Section 3. Classification Of Private Corporations
Private corporations fall into three classes, first, the ordinary private corporation, engaged in any of the various ordinary kinds of business; second, quasi-public corporations, and third, corporati...
-Section 4. Quasi-Public Corporations
Quasi-public corporations are corporations which although organized and conducted for private profit, yet because they carry on a business of a public nature, are subjected to a higher degree of publi...
-Section 5. Corporations Not For Profit
Special provisions are made by the statutes of most states for the creation of corporations not for profit and certain specified purposes. Corporations of this kind may be created for religious, educa...
-Chapter II. Creation And Organization Of Corporations. Section 6. Power Of The United States Government To Create Corporations
The power to create corporations is not one of the powers expressly granted to the United States government by the Constitution. It has been held, however, that under the eighteenth clause of the eigh...
-Section 7. Power Of The State Governments To Create Corporations
The power of the State Governments to create corporations is much more extensive than that of the National government. A State can create a corporation of any character and for any purpose which is no...
-Section 8. Power Of Territorial Governments To Create Corporations
Congress has full power to create territorial governments and to give to them any or all of the general powers of governments, including the power of creating private corporations. All corporate chart...
-Section 9. How Corporations May Be Created
In England private corporations could formerly be created either by prescription, royal grant, or legislative action. In the United States, they can only be created by legislative action.3 Such legis...
-Section 10. Control Of Government Over Cor-Corporations After Their Creation
It was early decided by the Supreme Court of the United States in the case of Dartmouth College vs. 2 United States vs. Church of Jesus Christ, etc., Utah, 361. 3 There is some authority to the effe...
-Section 11. Method Of Organization
The necessary steps for the organization of a corporation are regulated by statute in each State. There is more or less difference between the different statutory provisions, as can be seen by the stu...
-Section 12. Promoters
Corporations are generally organized by persons knnow as promoters. The function of a promoter has been thus described: The word 'promoter' has not yet a legal definition, but is a business term fam...
-Section 13. Articles Of Incorporation
The filing of articles of incorporation (or a written charter, petition or agreement, as they are called in different states) is required in practically every State. In most states a publication of th...
-Section 14. Corporate Charters
The charter which the State issues to the corporation creates the corporation. The charter brings the corporation into existence, and before that time the corporation is not authorized to transact any...
-Section 15. Amending A Charter
Since the granting of the charter is the work of the State government and not of the stockholders, it necessarily follows that only the State can amend the charter. The limitation upon the right of am...
-Section 16. By-Laws
The charter of a corporation is supplemented by its by-laws. By-laws differ from a charter in that they are adopted by the stockholders and are based upon their authority instead of being granted upon...
-Section 17. De Facto Corporations
A de facto corporation is one in the exercise and use of a corporate franchise under color of legal organization in pursuance of some charter or some general law. Such a corporation is not a legal cor...
-Chapter III. Stockholders. Section 18. Capital Stock
The capital stock of a corporation is the money contributed by the members of a private corporation as the working capital of such corporation. Such capital stock is generally represented by shares of...
-Section 19. How A Person May Become A Stockholder
A person may become a stockholder either by subscription to the stock or by purchasing the stock from a stockholder. Any natural person sui juris may become a stockholder in either of the above ways. ...
-Section 20. Subscriptions
A subscription to stock, is the signing of an agreement to take a specified amount of the capital stock of the corporation. If the corporation is already-incorporated, the contract becomes at once bin...
-Section 21. Nature Of Rights Of Stockholders
A share of stock in a corporation represents a proportionate undivided interest in the capital and good-will of the company. A stockholder has no property interest in any specific property of the corp...
-Section 22. Rights Of Individual Stockholders Against A Corporation
In addition to the rights already mentioned, of compelling the corporation to pay dividends under certain conditions, an individual stockholder has also the right to make a proper examination of the b...
-Section 23. Liabilities Of Stockholders To A Corporation
A stockholder is liable to his corporation for the unpaid portion of the par value of his stock. The directors of a corporation may make a contract with purchasers of stock to sell them the stock of t...
-Section 24. Liabilities Of Stockholders To Third Persons
Although a contract made by the directors to sell the stock of the corporation at less than its par value would be binding upon the corporation, it is not binding upon the creditors of the corporation...
-Section 25. Right Of Voting By Stockholders
In general, every stockholder is entitled to one vote for each share of stock owned by him. This right of voting extends to voting on all important matters coming before the corporation, which are not...
-Chapter IV. Officers Of Corporations. Section 26. Corporations Can Only Act Through Officers Of Other Agents
A corporation, although, in the eyes of the law a person, can, of course, do no act itself. Everything done by, or for, a corporation must be done through some officer or agent of the corporation. All...
-Section 27. Directors
The general management of a corporation is generally vested in a governing body called a Board of Directors. The control of the stockholders over the management of a corporation generally ceases with ...
-Section 28. Officers
The principal officers of a corporation are the president, vice-president (or vice-presidents), secretary, treasurer and general manager. The offices of president and general manager, and of secretary...
-Section 29. President And Vice-President
The duties of presidents of corporations vary greatly. In some corporations, the president is the active executive head with supervision of entire business of the company, while in others he is little...
-Section 30. Secretary And Treasurer
The respective duties of the secretary and the treasurer of a corporation have been thus summed up by a recent writer. The common duty of a secretary is the conduct of the routine business of a corp...
-Section 31. General Manager
In large mercantile or manufacturing corporations there is generally an officer known as a general manager. Such officer is under the direction of the board of directors, and has charge of the busines...
-Section 32. Power Of Officers Of A Corporation To Sign Or Indorse Negotiable Paper For The Corporation
An important question which often arises is that relative to the power of the officers of a private corporation, to bind such corporation by signing or endorsing negotiable paper. This question was di...
-Section 33. Liability Op Officers And Directors To Stockholders Or To Creditors Of The Corporation
Directors of corporations are personally liable to surrender profits which have accrued to them, or to make good losses which have been inflicted upon the corporation through breaches of their trust,...
-Chapter V. Powers And Liabilities Of A Corporation. Section 34. Powers In General
The powers belonging to private corporations fall into three general classes: (1) Those incidental to corporate existence; (2) those expressly conferred by statute or the charter of the corporation; a...
-Section 35. Powers Incidental To Corporate Existence
The following powers are held to necessarily belong to every corporation: (1) To have perpetual succession; (2) to sue or be sued, to receive and grant property by its corporate name; (3) to purchase ...
-Section 36. Powers Expressly Granted To A Corporation
The express powers of a corporation are conferred upon it from two sources, from the general statutes governing corporation, and from the corporation charter. Such statutes and charter are the measure...
-Section 37. Powers Implied From Express Powers
In addition to the powers expressly granted to a corporation it also possesses those powers which are derived from the express powers by necessary implication. In order to derive a power by implicatio...
-Section 38. Contracts Of A Corporation
The power to contract is sometimes expressly granted to a corporation by its charter. Generally, however, this is not done, and the power to contract comes to a corporation as an implied power, in whi...
-Section 39. Ultra Vires Contracts
A contract which is beyond the power of the corporation to make is called ultra vires. Under this term are included both acts which are an excess of authority as against the stockholders, and also act...
-Section 40. Torts Of A Corporation
It was at one time held that a private corporation could not be held liable for its torts, which were considered the wrongful acts of its officers and agents. This doctrine has now been abandoned, an...
-Torts Of A Corporation. Continued
It would be difficult to furnish a reason for the liability of a corporation for a fraud, under such circumstances, that would not apply to sustain an action for the publication of a libel. The lia...
-Section 41. Crimes Of A Corporation
A corporation is subject to the criminal laws of the state. There are certain crimes which cannot be committed by a corporation. whether a corporation comes under the terms of a penal statute depends ...
-Chapter VI. Corporate Securities. Section 42. Bonds
Corporate securities are divided into stocks and bonds. Stockholders are members of the corporation and part owners of its assets; bondholders, on the other hand, are creditors of the corporation. A b...
-Section 43. Classes Of Stock
The most important classification of stock is that into common and preferred stock. Other species of stock are deferred stock and guaranteed stock and special stock. Preferred stock is stock which re...
-Section 44. How Transferred
Any owner of corporation stock, who is capable of contracting, generally has the full right to dispose of the same and transfer the legal title.1 The exercise of this right cannot be interfered with b...
-Section 45. Rights And Liabilities Of Vendor's And Vendee's Stock
When a dividend on a stock is declared, the dividend is made payable on some certain day and the books of the company are declared to be closed, for transfers, so far as the payment of the dividend is...
-Chapter VII. Dissolution Of Corporation. Section 46. In General
According to Sir William Blackstone, a corporation may be dissolved; (1) by Act of Parliament, which is boundless in its operations; (2) by the natural death of all its members, in case of an aggrega...
-Section 47. By Repeal Of Charter
The legislature of every state has the power to repeal the charter of any private corporation created under the laws of that state, except so far as restricted under the decision in the Dartmouth Coll...
-Section 48. By The Happening Of A Condition
The breach of a condition contained in the charter may work a dissolution of the corporation. Whether a forfeiture clause in a charter is self-executing or not is a question of legislative intent.7 Th...
-Section 49. By Death Of All Members
The death of all the members of a corporation, where there is no provision for filling the vacancies under such conditions, will of necessity mark a dissolution of the corporation.10 This can never ap...
-Section 50. By Surrender Of Franchises
A corporation is dissolved by the surrender of its franchises, including its franchises to exist as a corporation, to the government which created it.12 ...
-Section 51. By Expiration Of The Period For Which Its Charter Was Granted
If a corporation is created to exist for a specified time, it will be dissolved ipso facto upon the expiration of such period. The legislature of the state which created the corporation, however, may ...
-Section 52. By Judgment Of Forfeiture In A Judicial Proceeding
The final method by which a corporation can be dissolved is by judgment of forfeiture in a judicial proceeding. This subject of forfeiture of a charter was dismissed by the Supreme Court of Illinois ...
-Chapter VIII. Special Provisions As To Corporations In The Statutes Of Different States And Territories. Section 53. In General
On account of the fact that the laws governing the organization and management of corporations, are almost entirely statutory, and on account of the fact that the statutes of the different states on t...
-Section 54. New York
The following sections are taken from the General Corporation Law of New York: Section 4. A certificate of incorporation must be executed by natural persons, who must be of full age, and at least two...
-New York. Part 2
Section 7. No domestic stock corporation and no foreign corporation doing business in this State shall combine with any other corporation or person for the creation of a monoply or the unlawful restra...
-New York. Part 3
Section 43. Subscriptions to the capital stock of a corporation shall be paid at such times and in such installments as the board of directors may by resolution require. If default shall be made in th...
-New York. Part 4
Section 2. Three or more persons may become a stock corporation for any lawful business purpose or purposes other than a moneyed corporation or a corporation provided for by the banking, the insurance...
-Section 55. Massachusetts
Massachusetts is one of the strictest of the states in her regulation of corporations. All stock must be fully paid before the corporation will be given a certificate to do business. Stock may be paid...
-Section 56. New Jersey
New Jersey is one of the states which bid for the business of incorporating companies and her laws are therefore extremely liberal to corporations, with the exception that high incorporation fees and ...
-Section 57. Maine
Maine is another state under whose laws many corporations are organized. The fees are low in this state but in other respects Maine does not offer quite as great advantages as New Jersey. Stock may be...
-Section 58. Delaware
The following extracts are taken from the Delaware Corporation Law. ...
-Purposes For Which Corporations May Be Formed
Any number of persons, not less than three, may associate to establish a corporation for the transaction of any lawful business, or to promote or conduct any legitimate object or purpose under the pro...
-General Outline Of Proceedings To Be Taken In The Incorporation And Organization Of A Corporation
A corporation may be formed by three or more persons by making a certificate of incorporation setting forth the matters required by law (see 7 below), filing the same in the office of the secre...
-Certificate Of Incorporation; Matters To Be Contained In
The certificate of incorporation shall set forth: 1. The name of the corporation, which name shall contain one of the words association, company, corporation, club, incorporated, society, ...
-Execution, Acknowledgment, Publishing, Recording And Filing Of Certificate Of Incorporation
The certificate shall be signed and sealed by each of the original subscribers to the capital stock, or if there be no capital stock, by each of the original corporators, and shall be acknowledged bef...
-Organization Meetings
The first meeting of every corporation shall be called by a notice signed by a majority of the incorporators named in the certificate of incorporation, designating the time, place and purpose of the m...
-Corporate Existence And Franchise
When Corporate Existence Begins ; Duration. Upon making the certificate of incorporation and causing the same to be filed, and a certified copy thereof recorded as aforesaid, and paying the license t...
-Amendment Or Alteration Of Articles Of Incorporation
No corporation in existence at the adoption of this Constitution shall have its charter amended or renewed without first filing, under the corporate seal of said corporation, and duly attested, in the...
-Classes Of Stock
Every corporation shall have power to create two or more kinds of stock of such classes, with such designations, preferences and voting powers, or restriction or qualification thereof, as shall be sta...
-Penalties For Not Keeping Or Exhibiting Books. Annual Reports
Every other corporation (i. e., other than certain public service and other corporations which are taxed upon their gross receipts) shall file with the secretary of state on or before the first day of...
-Section 59. Illinois
The following provisions are taken from the Chapter on Corporations in the Illinois Statutes. Section 1. That corporations may be formed in the manner provided by this Act for any lawful purpose exce...
-Illinois. Continued
Section 6. The corporate powers shall be exercised by a board of directors or managers; provided, the number of directors or managers shall not be increased or diminished, or their term of office chan...
-Section 60. Indiana
Section 1. Be it enacted by the General Assembly of the State of Indiana, That any number of persons, not less than three (3), may voluntarily associate themselves by written articles of association, ...
-Section 61. South Dakota
Under the laws of this state at least part of the incorporators must be residents of state. Both directors' and stockholders' meetings may be held outside of state. The life of the corporation is limi...
-Section 62. Nevada
Nevada has one of the most liberal of all corporation laws. Stock may be issued for cash, property or services, and judgment of directors as to value of last two is conclusive. Directors' or stockhold...
-Section 63. West Virginia
Under the West Virginia law, stockholders' and directors' meetings need not be held in state, and the action of a majority of the directors is valid without calling a regular directors' meeting. Stock...
-Twenty-Fifth Subject. Public Corporations
BY William C. H. Keough, LL. D., Dean Op The Lincoln-Jefferson College Of Law And Professor Of The Law Of Torts, Public Corporations, International And Roman Law At The Illinois College Of Law, Me...
-Chapter I. Introductory. Corporation Defined
Section 1. The comprehensive and remarkable descriptive definition by Chief Justice Marshall in the celebrated Dartmouth College Case is undoubtedly the best known and has been more frequently cited a...
-Species Of Corporations And Distinguishment
Section 2. The universally recognized fundamental classification of corporations is into Public and Private. Corporations are largely distinguished from each other by the difference in the character o...
-Public Corporations, Classified, Defined And Distinguished
Section 3. Public corporations may be divided into two classes: The first are known as municipal corporations and the second class come under the head of public quasi-corporations, which include count...
-Public Quasi-Corporations Defined
Section 4. Public quasi-corporations are merely local subdivisions of the State, created by the State of its own sovereign will, without any particular solicitation or consent on the part of the membe...
-A Municipal Corporation Defined
Section 5. A municipal corporation may be defined as the incorporation, by the authority of the government, of the inhabitants of a particular place or district, and authorizing them in their corpora...
-Municipalities And Public Quasi-Corporations Distinguished
Section 6. Municipal corporations proper are those of the highest degree and power and include incorporated villages, towns and cities, posse3sing the powers of local legislation and administration; t...
-State In Effect A Public Corporation
Section 7. A State is defined as a body politic, or society of men united together for the purpose of promoting their mutual safety and advantage, by the joint efforts of their combined strength.14 A ...
-The Creation Of Public Corporations
Section 8. All public corporations in the United States are the creatures of legislation and the power to create such corporations, both for the purpose of aiding the central government, and with the ...
-Chapter II. Counties. Their Origin And History
Section 9. The idea of a government by-means of counties, comes down from the remotest period of Anglo Saxon history. It was imported to the American colonies with the common law, and entered, natural...
-Counties Defined
Section 10. A county is an involuntary political or civil division of the State, created by statute to aid in the administration of governmental affairs, and possessed of a portion of the sovereignty....
-Counties Distinguished From Municipal Corporations
Section 11. Although a number of decisions hold that a county is a municipal corporation, yet the better opinion is that a county is a governmental agency or political subdivision of the State, organi...
-Creation Of Counties
Section 12. Counties are the creatures of the legislative will and are vested with certain corporate powers, in order to enable them to perform the duties required of them as part of the machinery of ...
-Alteration Of Boundaries
Section 13. Unless the constitution of the State otherwise provides, a State legislature has authority to extend or limit the boundaries of a county, enlarge or diminish its area, divide the same into...
-Requirement Of Submission Of Question To Popular Vote
Section 14. Many of our State constitutions contain a provision that the legislature shall not abolish, divide, consolidate, or annex territory to counties or change their boundaries without submittin...
-Powers And Exercise Of Governmental Functions
Section 15. Counties, as has been shown, are mere political divisions of the territory of the State, as a convenient mode of exercising the political, executive, and judicial powers of the State. All ...
-Who To Exercise Functions Of Government
Section 16. The corporate powers of a county are ordinarily exercised by a board of county commissioners or county supervisors, who represent the county in the management and control of its property a...
-Ordinary Corporate Powers Of Counties
Section 17. (1) To sue and be sued. A county could neither sue nor be sued at common law, and it is only by virtue of statutory authority that an action can be maintained by it or against it; being me...
-County Aid In The Construction Of Railroads Or Other Works Of Internal Improvement
Section 21. It was at one time a matter of grave controversy among courts of the highest respectability, whether furnishing aid to the building of railroads was so far a corporate purpose that a munic...
-Taxing Power Of Counties
Section 22. The taxing power is the highest prerogative of sovereignty and is conferred on counties only by express grant of the legislature, or by necessary implication of its laws; there is no inher...
-Liability For Torts
Section 23. The general rule is, that counties are not liable for tort, unless by express provision of statute, or by necessary implication therefrom. The general rule of law, that the superior or emp...
-Injuries To Property By Mobs
Section 24. Counties are under no common law liability to pay for property destroyed by mobs, but in some states, by statutory enactment, they are required to make compensation when such destruction i...
-Chapter III. Towns And Townships
Section 25. New England Towns. A brief reference to the origin and development of the New England Towns might not be inappropriate at this juncture, as showing their lawful claim to being the germs of...
-Defined And Distinguished From Incorporated Towns
Section 26. A town, organized under the township organization laws of the State, is a political or civil sub-division of a county. It is created as a sub-ordinate agency to aid in the administration o...
-Creation And Organization
Section 27. The statutes of the various states provide for the creation, organization and regulation of townships and usually contain a provision that a majority of the legal voters of the county shal...
-Township Charters
Section 28. A township charter is a grant of the land within the limits specified, and such tracts of land are called townships. Usually by special act of incorporation, towns are created where the in...
-Territory And Boundaries
Section 29. Towns must have limited and contiguous territory and continuous boundaries. The legislature may extend the limits of a town, and include additional land and people, with or without the con...
-Liabilities Of Towns And Townships
Section 31. Towns and townships exist only for the purposes of general political government of the State, and as the sovereign power is not amenable to individuals, such organizations are not liable a...
-Liability Of Towns And Townships For Acts Of Officers
Section 32. When the acts of town and township officers are done within the scope of their powers, such acts are binding; but there is no liability arising or growing out of the negligent, illegal or ...
-Personal Liability Of Officers
Section 33. Town officers acting strictly within the line of their official duty as agents of the town, are not personally liable for acts of negligence; and persons dealing with them must, at their p...
-Legislative Control Of Towns And Townships
Section 34. Towns and townships are created at the pleasure of the legislature, and they have no vested rights. The legislature have supreme power over them, and may divide or alter them or detach pro...
-School Districts
Section 35. Defined. Public instruction in this country is left entirely to the states, each of which frames and regulates its system of education by constitutional provisions and statutory enactments...
-Powers Of School Districts And School Officers
Section 36. A school district, though generally a body corporate and authorized to transact all business appertaining to schools and school houses, can exercise no powers beyond those expressly confer...
-Miscellaneous Powers
Section 37. First. In general, the school directors or trustees, or other similar officers, are authorized to employ teachers in the manner prescribed by law.18 Second. They have the power to adopt a...
-Liability For Torts. Continued
Section 38. A board of education is simply an agency of the State, having existence for the sole purpose of performing certain duties, deemed necessary to the maintenance of an efficient system of fr...
-Chapter IV. Municipal Corporations
Section 39. Defined. Municipal corporations proper, which we are now concerned with, have heretofore in this treatise, been briefly alluded to in connection with their distinguishment in the main from...
-Dual Nature Of Municipal Corporations
Section 40. Municipal corporations are of a double or twofold character, one public as agents of the State in governmental matters, and the other private, in respect to the management and control of t...
-Creation And Organization Of Municipal Corporations
Section 41. The law is well settled that a municipal corporation is purely of legislative creation, for local government, in places where it is presumed the public welfare will be subserved thereby; a...
-Creation And Existence Of Municipal Corporations
Section 42. In England, since the adoption of the Municipal Corporation Act in 1835, these corporations may be created by act of Parliament or by the King's charter. 5 Justice Cooley in the celebrate...
-Creation By Special Charter
Section 43. It was formerly the practice to create municipal corporations by a special act of the legislature granting a charter, but this custom has been quite generally superseded by the enactment o...
-Delegation Of Power Of Incorporation
Section 44. The prevailing view recognizes the principle that the creation of municipal corporations is an exercise of legislative power and that the delegation 'of this power to the county or other c...
-De Facto Municipal Corporations
Section 45. A de facto municipal corporation is one that is acting under color of law, although there may have been some irregularity in its organization, and it is familiar law that its authority whi...
-Municipal Charters
Section 46. A municipal charter is the grant made by the legislature to the people inhabiting a certain territory constituting them a corporation, and securing to them the enjoyment of certain corpora...
-Acceptance Of Charter
Section 47. The doctrine is well established that, where there are no constitutional provisions contravening, a municipal corporation may be created by the legislature without the inhabitants of the t...
-Chapter V. Legislative Control Of Municipal Corporations
Section 48. The acknowledged supremacy of the legislature over a municipal corporation is not so absolute that it cannot be restrained by the organic law of the State, which is always a limitation and...
-Local Matters
Section 49. According to the weight of authority the legislature of a State cannot control the action of municipal corporations by compulsory legislation in respect to their property rights and exclus...
-Legislative Control Over Municipal Property
Section 50. Where a municipal corporation acquires property in its private and proprietary character, such property is invested with all the security of the private rights of the individual, but it is...
-Municipal Funds And Revenues
Section 51. The undoubted power of the legislature to appropriate the revenues of the State for any purpose which it may regard as calculated to promote public good, includes the revenues of municipal...
-Municipal Contracts And Grants - Limitations
Section 52. While municipal corporations are subject at all times to the control of the legislature, yet the State may make a contract with, or a grant to them, which it could not subsequently impair ...
-Legislative Control Of Municipal Officers And Offices
Section 53. The power and authority of the state legislature over municipal officers hinges upon whether the particular office is a municipal or a state office. If the office is an instrumentality or ...
-Chapter VI. Corporate Boundaries
Section 55. As the primary object of a municipal corporation is to invest the inhabitants of a defined locality with a corporate existence, mainly for the purposes of local self-government, it is obvi...
-Delegation Of Power To Courts
Section 56. The legislature cannot constitutionally confer upon the judicial courts the power to change the boundaries of municipalities. The same power cannot be either legislative or judicial, as th...
-Territorial Limits Of Powers Of Municipal Corporations
Section 57. It may be stated as a general rule that a municipal corporation cannot exercise its corporate powers beyond the city limits; in other words, it cannot give is ordinances an extra territori...
-Water Boundaries
Section 58. Where municipal corporations are situated upon a river or other stream, their jurisdiction, as a rule, extends to the center thereof, providing the charter or act of incorporation does not...
-Annexation And Consolidaiton
Section 59. It is familiar law that the legislature, in the absence of constitutional restrictions, may not only fix the boundaries of municipal corporations when incorporated, but enlarge or diminish...
-Local Subdivisions Of Municipal Corporations
Section 60. For the purpose of convenience in local government, the legislature may divide the municipality into wards, and this power is usually delegated to the common council, and in the division t...
-Chapter VII. Corporate Property
Section 61. In considering the powers of municipal corporations respecting the acquisition and holding of property, a rather brief reference to their capacity, in this particular, in the earlier times...
-Power Of Municipal Corporations To Take As Trustee
Section 62. The general rule seems to be that a municipal corporation, in the absence of disabling or restraining statutes, may become the recipient of gifts, bequests and devises made to it, in trust...
-Property Beyond Their Territorial Limits
Section 63. Municipal corporations being created chiefly for governmental purposes and for the attainment of local objects merely, the general rule is that they cannot purchase and hold real estate b...
-Power To Dispose Of Corporate Property
Section 64. Unless restricted by statute, or unless the land is held in trust for a specific purpose, a municipal corporation may alienate corporate property.5 A municipal corporation, in reference t...
-Mode Of Disposition
Section 65. Where by charter or general law the mode of disposing of corporate property is prescribed, it is obligatory upon the municipal corporation to follow the method pointed out by such charter ...
-Presumption Of Regularity
Section 66. A conveyance of real estate, regular on its face, and under the corporate seal, executed by a municipal corporation having the power to dispose of its property, will be presumed to have b...
-Liability Of Corporate Property To Judicial Seizure
Section 67. The property of a municipal corporation owned and used for public purposes is not subject to seizure under judicial process.11 9 Adams vs. Memphis, etc., R. Co., 2 Coldw. (Tenn.), 645. ...
-Judicial Seizure Of Property Of Inhabitants For Municipal Debts
Section 68. Unless made so by statute, the property of the individual inhabitants of a municipal corporation, is not liable for the debts or obligations of the corporation, although in the New England...
-Chapter VIII. Powers And Duties Of Municipal Corporations
Section 69. Powers in general. Since municipal corporations can exist only by virtue of express legislative enactment creating or authorizing the creation of the corporate body, they may be said to po...
-Construction Of Municipal Powers
Section 70. The rule obtains, that the powers of municipal corporations are to be strictly construed, and any doubt or ambiguity arising out of the terms used by the legislature in making a grant of ...
-Mode Of Exercise Of Municipal Powers
Section 71. When a power is conferred upon a municipal corporation, and the mode in which it is to be exercised is prescribed by the charter, that mode must be followed. And this is especially so wher...
-Usage And Custom As Affecting Municipal Powers
Section 72. Municipal corporations in England frequently exercise powers by virtue of a long established custom or prescription; this is said to presuppose a grant of the power exercised by charter or...
-Delegation Of Powers
Section 73. Legislative powers conferred upon municipalities must be executed by the municipality and cannot be delegated to any subordinate or other authority.7 So far as the functions of a municipa...
-Mandatory And Discretionary Powers
Section 74. The question of legislative intention is the determining factor in ascertaining whether a power granted to a municipal corporation is mandatory or discretionary. Where the mere power is g...
-Presumed Knowledge Of Powers
Section 75. Municipal corporations can only exercise such powers as are conferred upon them by their charters, and all persons dealing with them must see that they have the power to perform the propos...
-Special And Particular Powers
Section 76. Compromise and Arbitration. A municipal corporation has power to settle disputed claims against it, and in the absence of a statute prohibiting, may submit to arbitration all unsettled cla...
-Celebrations And Entertainments
It is held that a municipal corporation has no authority to levy a tax to provide a fund with which to entertain official visitors to the municipality, as such a tax would not be for any necessary or ...
-Police Powers And Regulations
Section 77. The police power of the state has been variously defined and described. Blackstone offers the following: The due regulation and domestic rule of the kingdom whereby the individuals of the...
-Establishment Of Fire Limits
Section 78. The weight of authority upholds the rule, that municipal corporations have the power to enact ordinances prescribing fire limits, and forbid the erection of wooden buildings therein and ma...
-Quarantine And Health
Section 79. The preservation of the public health being indispensable to the existence of a municipal corporation, the power to enact ordinances to that end is inherent in a municipality, and may be e...
-Inspection Ordinances
Numerous decisions uphold the power of the legislature to grant to municipal corporations authority to enact ordinances regulating the weighing of meat, vegetables, grain and other products. The right...
-Power Of Municipal Corporations To Grant Exclusive Privileges
Section 82. The decided weight of authority sustains the rule that, in the absence of express legislative authority, a municipal corporation has not the power to grant to any person or corporation the...
-Power Of Municipal Corporations To Borrow Money And Incur Debt
Section 83. It has been held that the power to borrow money or incur debts, is not an incident to their corporate existence, and cannot be exercised unless conferred upon them by law.34 However, othe...
-Limitation On Power To Become Indebted
Section 84. In nearly all the states provisions are made in constitutions, statutes and incorporating acts limiting the amount of municipal indebtedness to a certain per cent of the assessed value of ...
-Aid To Railroad Companies
Section 85. The law is settled, that in the absence of special restrictive constitutional provisions, municipal corporations may be authorized to aid in the construction of railways, either by subscri...
-Chapter IX. Powers Relating To Streets And Highways. Legislative Control
Section 86. The legislature of the state represents the public at large, and has, in the absence of special constitutional restraint and subject * * * to the property rights and easements of the abut...
-Delegation Of Control Of Streets To Municipal Corporations
Section 87. While it is true that the public highways are for the use of the general public, it is at the same time true that the legislature is a representative of the public at large. As such repres...
-Legislative Control As To Uses Of Streets
Section 88. As the municipality is a mere agent of the State, the legislature can direct the manner in which it shall control the streets within its limits. The property rights and easements which the...
-Uses Of Streets - Obstructions
Section 89. Public streets and highways when dedicated or acquired, are primarily for the use of the public, but certain temporary uses of them, which may constitute a partial obstruction, may be lega...
-Dedication And Acceptance
Section 90. Dedication is the act of devoting or giving property for some proper object, and in such a manner as to conclude the owner.4 That property may be dedicated to public use is a well establ...
-Rights Of Abutting Owners
Section 91. The rights of the general public and of an owner of property abutting on a street are capable of distinguishment in that the latter, in addition to the rights shared by the public at large...
-Space Underneath Sidewalks
It is held, that a municipal corporation has the right to authorize the use of space underneath sidewalks, provided it does not, by doing so, infringe the full, free and safe use of the street in all ...
-Right To Lateral Support
It is a well settled rule of law, that the owner of land has a right to have the soil of his premises sustained by the lateral support of the natural soil of the adjoining land, but this right is limi...
-Public Parks
Section 92. Owing to the importance of public parks, especially in populous cities, for the promotion of the health, convenience and comfort of the inhabitants thereof, municipalities have been empowe...
-Chapter X. Municipal Contracts. In General
Section 93. As has been indicated, the right of municipal corporations to enter into contracts, is one of their usual and necessary powers, and in the absence of statutory or charter restrictions, the...
-Implied Contracts
Section 94. The authorities are not in accord upon the question of the liability of municipal corporations upon implied contracts, as the general rule is, that they are only liable upon express contra...
-Mode And Form Of Contracting
Section 95. The decided weight of authority sustains the rule that, where by law or charter of the municipal corporation, the method and mode of entering into contracts is prescribed, such method and ...
-Ultra Vires Contracts
Section 96. The law is settled beyond dispute that, where a contract is wholly ultra vires, i. e., beyond the scope of corporate powers and authority, the municipal corporation is not liable, and all ...
-Ratification Of Unauthorized Contracts
Section 97. The authorities sustain the doctrine, that a municipal corporation, like an individual or private corporation, may become bound by a contract irregularly made or one made without authority...
-Letting Of Contracts
Section 98. Municipal corporations, by-charter or statute, are usually required to publish for a certain prescribed length of time, notice of their purpose to enter into a contract and invite bids or ...
-Annullment Of Contracts
Section 99. The general principles applicable to the annulling of contracts do not change owing to the public character of one of the contracting parties. In a contract between a municipal corporatio...
-Chapter XI. Municipal Torts
Section 100. It is a matter of exceeding difficulty, if not one of impossibility, to lay down a general and definite rule respecting the liability of municipal corporations for the torts of their offi...
-Discretionary And Legislative Powers
Section 101. The law is well settled, that a municipal corporation is not liable to an action for damages for the non-exercise of discretionary powers of a public or legislative character. This princ...
-Liability For Property Destroyed By Mobs
Except where the statute so provides, a municipality is not liable for property destroyed by mobs. In other words, there is no common law liability, but the legislature may constitutionally give a rem...
-Liability Of Municipal Corporations For Defective Streets And Sidewalks
Section 104. It will be remembered, that quasi-corporations, such as counties, towns or townships and the like, are not liable to a civil action for damages occasioned by defective streets and bridges...
-Liability Of Municipal Corporations In Performance Of Duties As To Public Health, Etc
Section 105. Municipal corporations are not liable for the negligence or misfeasance of their officers, agents and employees employed as follows: - First. Preserving the public peace. Second. Preser...
-When Municipal Corporation Acts Ultra Vires
Section 106. Where the acts complained of are beyond the authority and power of the municipality, the city cannot be held liable for the torts of its officers, agents or employees, and the only redres...
-Claims Arising Ex Delicto
Section 107. It is held, that a municipal corporation cannot defend an action for personal injuries caused by the negligence of its municipal officers on the ground, that its indebtedness has already ...
-Chapter XII. Municipal Taxation. Power Of Taxation
Section 108. The general assembly, representing the sovereignty of the State, has ample inherent power to impose taxes on all property within the State; and in an exercise of the power to tax, the pur...
-Legislative Control
Section 109. The taxing power of the State, as has been indicated, is absolute and uncontrolled, except so far as it is limited by constitutional provisions within these limitations, and a municipal c...
-Local Assessments
Section 110. The doctrine of law is finally settled, that the legislature may authorize municipal corporations to levy special assessments upon property specially benefited by the improvement. The co...
-Limitations On Municipal Corporations To Levy Assessments
Section III. The purposes for which special assessments may be made are varied and numerous. It may be stated as a general rule, that the only basis upon which either special assessment or special tax...
-Subjects Of Taxation
Section 112. For the ascertainment of what property is taxable and the manner of taxing it, recourse should be had to the statutes of the various States wherein the revenue laws are fully and definite...
-Power Of Taxation Incapable Of Delegation By Municipality
Section 113. The high and sovereign power of taxation conferred upon a municipal corporation is incapable of delegation and must be exercised by the common council as the governing body of the municip...
-Power Of Municipal Corporations To Impose A License Tax
Section 114. It is well established that municipal corporations may license and regulate particular occupations and prohibit unlicensed persons from pursuing them. This authority to license is general...
-Mode Of Collection
Section 115. The various States have enacted statutes prescribing the method and procedure of assessing and collecting taxes, and unless otherwise specially provided by law, it is obligatory upon the ...
-Chapter XIII. The Power Of Eminent Domain
Section 116. Chief among the important powers usually conferred upon municipal corporations is the delegated authority of the tremendous power of the right of eminent domain. Defined. The right of em...
-Construction Of Power
Section 117. Since the power to condemn private property against the will of the owner is an extraordinary one, founded upon public necessity, the power must be strictly pursued and the manner for its...
-Delegation Of Power
Section 118. The legislature has the unquestioned authority to delegate the power to take private property for public use to municipal corporations, subject, however, to all constitutional restriction...
-What Property May Be Taken
Section 119. The rule is, that not only exclusively tangible property is liable to the exercise of the right of eminent domain, but whatever exists in any form, whether tangible or intangible, may be ...
-Governing Bodies Of Municipal Corporations
Section 121. It is apparent, that from the very nature of a municipal corporation that the only way in which it can exercise its corporate powers, is through representatives or agents. The affairs of...
-Time Of Meetings
Section 122. The municipal charter ordinarily designates the time for holding meetings of the governing body of a municipality, but it is customary to delegate this power to the governing body, as cal...
-Presiding Officer Of Governing Body
Section 124. It is commonly one of the duties of the mayor of the municipal corporation to preside at the meetings of the common council or other governing body of the municipality, and under the char...
-Questions. Partnership
Chapter I Page 11. 1. Define partnership. 2. State some of the presumptions of law in regard to partnership. Page 12. 1. How are profits and losses shared, and how is capital divided on dissoluti...
-Questions. Private Corporations
Chapter I Pages 99-100. 1. Give three different definitions of private corporations. Page 101. 1. Compare partnerships and private corporations. Page 102. 1. Classify private corporations. 2. W...
-Questions. Public Corporations
Chapter I Page 213. 1. Give Chief Justice Marshall's definition of a corporation. Page 214. 1. Give Judge Dillon's definition of a corporation. 2. Give the definition of a corporation by our U. S....
-Questions. Public Corporations. Part 2
3. Upon what does the exercise of this power depend? Page 256. 1. What, if any, is the legislative power over the police of municipal corporations? 2. Give, in substance, the decision of the Suprem...
-Questions. Public Corporations. Part 3
Page 292. 1. State the rule as to their power to contract. 2. Their power to enact ordinances. Chapter IX Page 293. 1. What is the legislative power over streets and highways? 2. May those power...







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