This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 Excerpt: ...of authority holds that a corporation may without express statutory authority purchase its own shares, provided the purchase is entered into bona fide and does not endanger the claims of creditors. (Chicago, etc., R. R. Co. vs. Marseilles, 84 111. 14S ) (b) No. If a director acting within the scope of his duties as ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 Excerpt: ...of authority holds that a corporation may without express statutory authority purchase its own shares, provided the purchase is entered into bona fide and does not endanger the claims of creditors. (Chicago, etc., R. R. Co. vs. Marseilles, 84 111. 14S ) (b) No. If a director acting within the scope of his duties as director, however, makes an admission, it will bind the company. (c) There is no provision in the statutes of Illinois respecting the authority for executing a corporate mortgage. The directors, therefore, have that authority. 32. On whom does loss legally rest in case of a forged certificate of the capital stock of a corporation? Answer. This question probably refers to over-issued and spurious stock which is void. The holder may sue the corporation and the officers who were interested in the issue of the said stock for damages, and may join them in one action or sue them separately. If the stock is purchased from an officer who appears to be interested in the transaction, the receiver of the stock will be bound to inquire into the authority of the officer for issuing the stock. The person damaged will have to prove, of course, that he had no notice of the fraud involved in the transaction. In the absence of fraud, the vendor of a forged certificate cannot be held by the vendee. (See Cook on Corporations, Sections 291-8.) 33. What is a joint stock company? In what ways can it be compared with (a) a partnership, (b) an incorporated company? Answer. The Cyclopedia of Law and Procedure defines a joint stock company as follows: "A joint stock company is an association of individuals for purposes of profit, possessing a common capital contributed by the members composing it, such capital being commonly divided into the shares, of which each memb...
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