Nebraska Reports Volume 78

Nebraska Reports Volume 78

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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: a corporation the instant i't comes into being, and, of necessity, antedates the first corporate act. The fifth clause is complementary to the first, because, unless there could be a change in the ownership of stock, the perpetual succession of the corporation, under its corporate name, would be impossible. The latter clause was intended, we think, not to make the transferability of corporate stock dcpendent on some afiirmative act of the corporation, but to impress the stock with that quality as a consequence of the act of incorporation. We see no escape from the conclusion that the by-laws in question are void as an unreasonable restraint on the transfer of property in the stock of the corporation. It is therefore recommended that the decree of the district court be affirmed. Durrm and Jaensox, C('-., concur. By the Court: For the reasons stated in the foregoing opinion, the decree of the district court is AFFIRMED. Oann H. MYERS, APPELLANT, v. lin.ToN Moons, APPELLEE. FILED FEBRUARY 21, 1907. No. 14,619. 1. Real Estate Agents: Co."rn.acrs: Sioxxruna. The word "subscribed" as used in section 74, ch. 73, Comp. St., 1905, relating to contracts between real estate brokers and landowners, is synonymous with the word "signed.." The requirement of said section that the _ contract be "subscribed" by both parties is met where the signatures oi' the parties are placed thereon, for the purpose of authenticating and giving force and effect to the contract. whether they be placed at the bottom, the top, or in the body of the instrument. 3. Appeal: PLEADINGI AME'.'l)MEXT. The right of a plaintiff to amend his petition cn appeal to the district court is governed by substantially the same more

Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236890353
  • 9781236890351