Delaware Chancery Reports Volume 8

Delaware Chancery Reports Volume 8

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...contention that the alleged Oxy-Hydrogen Company was not even a corporation de facto. In Thompson's Commentaries on the Law of Corporations the general rule is laid down, "that when a corporation has an existence de facto the rightfulness of its existence can only be questioned by the State, and cannot be questioned collaterally in a litigation between it and a private party," 1 Thomp. Corp. sec. 511, at least a hundred cases being cited in illustration and support. Judge Strong, subsequently one of the justices of the United States Supreme Court, spoke to the same effect in Cochran vs. Arnold, 58 Pa. St. 405, saying: "If there is anything settled, it is that the corporate existence of a corporation de facto, cannot be inquired into collaterally. Upon this subject the authorities are too numerous to admit of citation." It is only by quo warranto proceedings in the name of the State that its right to exist can be determined. This is indisputable, and is not denied by counsel for complainant, as a general proposition. The apparent exceptions, as in the cases where the aid of the courts is invoked by corporations seeking to condemn land, or obtain certain other special rights, rest upon principles that in no way conflict with the general rule.. The modern cases illustrating and discriminating these principles are almost innumerable, and counsel upon both sides have spared no pains in their examination, classification, and analysis, but to discuss the principles and distinctions to be deduced from the cases in advance of the careful examination of what is really presented by the indisputable facts in the cause before me would be to provide matters suitable for a special treatise perhaps, but irrelevant to the...
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Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236832493
  • 9781236832498