The Modern Law of Railways: As Determined by the Courts and Statutes of England and the United States, 1. sējums

Charles Fisk Beach

Bancroft-Whitney, 1890 - 1544 lappuses

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CHAPTER XXIII	1

Carriers subject to the act 1023 Common control management et cetera 1024 Unjust and unreasonable charges prohibited 1025 Elements to be con...	2

The same subject continued and illustrated	22

The carriers right to compensation and its lien to secure payment 940 Payment of charges in advanceWaiver 941 Excessive charges 942 State regul...	24

Of changing the grade of streets 806 Distinction between common and special injuries 807 Actions for damages to be brought against the company ...	31

Of the discretion of the legislature	52

The same subject continuedExpress consent of the parties	60

Of the ownership of the defendant	65

Of fraud or irregularities in the issue of bondsWant of con sideration	635

Issue below parRights of purchaser at a discount	636

Registration	637

Of the negotiable nature of bonds and couponsThe American rule	638

The same subject continuedThe English statute and decisions	639

The requisite certainties of negotiability	640

The same subject continuedOf the effect of absence of negoti able words in coupons	641

Lis pendens	642

The order authorizing the issue of certificates strictly construed	70

IV	76

Pleading evidence etc 945 Who may recover	97

Punitive damages for expulsion without violence or insult	98

Greater charge for shorter than for longer haul forbidden	100

General considerations	163

Of money as baggage	165

What constitutes a public use	166

Of the taking of streets for tramways 809 Of the taking of streets for elevated railways 810 Of compensation to abutting proprietors the fee of the str...	181

Of the companys title	182

CHAPTER XXX	189

Interstate Commerce Commissioners	222

Introduction	239

The receiver holds the property for the benefit of all parties until	285

Of statutes relating to reorganization	287

OF THE MEASURE OF COMPENSATION AND OF DAM AGES	306

The measure of compensation for lands appropriated 814 Of compensation for the condemnation of buildings 815 Peculiar adaptability or prospect...	319

Transfer by mortgage and pledge	334

The rights duties and liabilities of a pledgee of stock	335

Whether the pledgee may sell and repledge the stock	336

Redemption and forfeiture	337

Transfer by saleBrokers contracts	338

The same subject continued	339

Enhanced value from construction of road 818 The measure of damages to the unappropriated residue 819 Of single and disconnected properties 8...	341

769 Of laches	352

Injuries to strangers 971 Injuries to servants 972 Injuries to passengersThe carrier not an absolute insurer 973 Free passengers 974 Age sex and ph...	357

Of fraud in reorganization	366

Injuries to passengers crossing tracks at railway stations 984 Imperfect appliances for boarding and alighting 985 The same subject continued	367

CHAPTER XIII	371

CHAPTER XIV	389

The same subject continuedCircumstances from which fraud will not be presumed 355 Remedies of the parties defrauded	390

Measure of damages for refusal to carry 947 Measure of damages for delay 948 Special damages for loss resulting from delay 949 Measure of dam...	391

CHAPTER XV	423

CHAPTER XVI	440

The corporation may refuse registration to both of two claimants Interpleader 398 Whether the company may inquire into the purpose of the trans f...	441

The lien enforceable for the benefit of the company alone 395 Waiver of corporate lien	472

The company entitled to a reasonable time for investigation	473

CHAPTER XVII	483

How enforceda By action at law 429 b By bill in equity 430 A call unnecessary in case of corporate insolvency 431 Limitation upon the shareholde...	484

CHAPTER XIX	485

DIRECTORS OFFICERS AND AGENTS	491

Wherein consists the change in corporate identity	494

Admissibility of opinions of witnesses	506

CHAPTER XVIII	520

Of the number of directors 457 Qualifications of directors at common law 458 Statutory qualifications of directors 459 The election of an unqualifi...	549

Of the president 483 The same subject continued 484 Of the compensation of directors and the president 485 Of the compensation of other officers...	550

Of the owners remediesa Under the statute	561

Railway and transportation companies as common carriersExcep	579

b Not contributory negligence there being no seat or room in the	582

Selection of connecting carrier	588

Similar circumstances and conditions	589

Of the power of corporations in general to borrow and to mortgage	602

Of the power of railway companies to borrow and to mortgage	603

Statutes authorizing borrowing and mortgaging	604

Statutory restrictionsExceptions in favor of current obligations Lloyds bonds	605

Of the extent of the statutory authority	606

CHAPTER XX	607

The consideration to be surrendered when the contract is set aside 522 Of ratification and acquiescence in ultra vires acts 523 Accepting the fruits of...	608

Of the authority of directors herein	609

Legislative recognition of ultra vires mortgage	610

Of the remedies of shareholders and creditors with respect to an ultra vires mortgage or debt	611

Of the manner of executing mortgages	612

Of defective and informal mortgages	613

The same subject continuedOf bonds secured by statutory lien	614

Mortgages to be recorded	615

What property is covered by a mortgage	616

a Of the effect of general words of description	617

b Whether general words of description include future acquisi tions	618

c Of choses in action and calls	619

d Of the effect of express words of futurityAppurtenances	620

e Of fixtures 622 f Of rolling stock	621

g Of earnings	623

Of the title of purchasers as against mortgage lien and of mort gagees as against vendors lien	624

The mortgage lien not impaired by change of route	625

The mortgage lien not impaired by consolidation	626

Of mortgage trustees	627

Of the duties liabilities and remuneration of mortgage trustees	628

Of supplying vacancies	629

Of the removal of mortgage trustees	630

Of income bonds	631

The same subject continuedNet earnings	632

Convertible bonds	633

Of recitals and references in mortgages bonds and coupons	634

Of lost or stolen bonds	643

Of the liability of an assignor of bonds and coupons	644

Equities arising from the negotiation of Stateaid bonds by the railway	645

Of detached coupons	646

Of presentation and demand	647

648 Of the time of payment	648

Of days of grace	649

The effect of maturity upon the negotiable nature of bonds	650

CHAPTER XXI	651

Provisions of the English statute concerning the completion of works begun by the dissolved company 559 k Upon liability for torts 560 Upon th...	652

The same subject continuedThe intention of the parties	653

Of the statute of limitations as affecting coupons	654

Introduction	655

The mortgage lien subordinate to the interest of the public in the railway as a going concern	656

Of the mutual obligations of bondholders	657

Of the jurisdiction of State and federal courts	658

Of foreclosure upon a railway situated in two or more States	659

Of parties to foreclosure proceedings	660

The same subject continued	661

Foreclosure for interest before maturity of principal	662

Of entry for condition brokenSix months clausesSpecific	663

Six months clauses continuedThe principal to become due upon default in payment of interest	664

The duty of the trustees to enter or foreclose upon request of a majority of bondholders	665

The rights and duties of trustees in possession of the mortgaged property	666

The right of a bondholder to institute suit upon the failure of the trustees to	667

The right of entry not exclusive of other remedies II	668

Of charges superior to the mortgage lienCurrent expenses	669

The requisites of current claims	670

The same subject continued	671

Of debts incurred by a receiver in operating the road	672

The same subject continued	673

The same subject continuedExpenses of a receiver a charge upon the corpus	674

Of statutory liensOf equitable liens	675

Statutory liens in favor of laborers and mechanics	676

performance	677

Of the lien of vendors of land	678

79 Of debts incurred for completing an unfinished line 680 Of rentals of leased linesCartrust leasesRollingstock	680

Of the liens of judgment creditors	681

Of claims for damages breach of contract	682

The distinction between first charges upon income and prior liens upon the corpus	683

Cases in which priority has been refused	684

Of advancements to pay preferred claimsNo right of subroga tion	685

Of the decree of saleProvision for purchase by bondholders	686

The decree conclusive upon all parties having notice	687

Of the foreclosure sale 689 Of the purchasers title	689

Of the distribution of the proceeds of sale among the bondhold	690

No priority as between holders of bonds and coupons secured	691

the same mortgage 692 Vacation of decree	692

The same subject continued	693

Redemption	694

695 Introduction	695

Of sale	696

Appointment upon the application of unsecured creditors 697 Appointment upon the application of junior mortgagees	697

CHAPTER XXII	698

Effect of dissolution upon debts rights of contract and pending litigation 598 The same subject continuedOf the rights of creditors 599 Of the distri...	699

700 The adequacy of remedies at law as affecting the appointment of a receiver	700

Under what circumstances the court will appoint a receiver	701

a Of insolvency as a ground for appointing a receiver	702

b Of default in payment of interest or principal as a ground for appointing a receiver	703

c Of the right to foreclose as a ground for appointing a receiver	704

d Of internal corporate disagreements and derangements	705

e Of failure to run trains	706

f Sundry cases	707

Of the court which may appoint a receiver	708

The court first obtaining jurisdiction retains	709

The rule as to priority of obtaining jurisdiction	710

Of the time when a receiver may be appointed	711

The same subject continued	712

The selection of a receiver is in the discretion of the court Appeal	713

The same subject continuedThe New York and federal rule	714

Of eligibility to serve as receiver	715

Of the receivers bond	716

Effect of the appointment upon the rights of litigants and of third parties	717

Effect of the appointment upon corporate powersUpon pending litigation	718

Effect of the appointment upon the liabilities of the company DamagesTaxes	719

Removal	720

Discharge	721

The receiver must be discharged upon payment by the defendant of the amount found to be	722

An order by consent vacating an appointment should not make reservations	723

Disposition of the property upon discharge	724

Of the receivers title	727

The same subject continuedWhen leave to sue not necessary	733

Autortiesības

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The Modern Law of Railways: As Determined by the Courts and ..., 1. sējums
Charles Fisk Beach (Jr.)
Pilnskats - 1890

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Priekšskatījums nav pieejams - 2018

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Nosaukums	The Modern Law of Railways: As Determined by the Courts and Statutes of England and the United States, 1. sējums The Modern Law of Railways: As Determined by the Courts and Statutes of England and the United States, Charles Fisk Beach
Autors	Charles Fisk Beach
Izdevējs	Bancroft-Whitney, 1890
Oriģināls no	Hārvarda universitāte
Digitalizēta	20.6.2008
Apjoms	1544 lappuses

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