The act of incorporation is to them an enabling act; it gives them all the power they possess; it enables them to contract, and when it prescribes to them a mode of contracting, they must observe that mode, or the instrument no more creates a contract... Commentaries on the Law of Municipal Corporations - Page 529by John Forrest Dillon - 1890 - 1516 pagesFull view - About this book
| United States. Supreme Court, William Cranch - Law reports, digests, etc - 1806 - 476 pages
...enabling act ; it . gives them all the power they possess ; it enables them to contract, and when it prescribes to them a mode of contracting, they must...contract than if the body had never been incorporated. It is then the opinion of this court, that the circuit court erred in directing the -jury, that the... | |
| United States. Supreme Court - Law reports, digests, etc - 1904 - 444 pages
...enabling act ; it gives them all the power they possess. It -" *enables them to contract ; and when it prescribes to them a mode of contracting, they must observe that mode, or the instrument no more United States Bank v. Pandridge. creates a contract, than if the body had never been incorporated."... | |
| United States. Supreme Court - Law reports, digests, etc - 1827 - 682 pages
...enabling act. It gives them all the power they possess. It 1827. enables them to contract; and when it prescribes to them a mode of contracting, they must observe that mode, or the oa the 'nstrument no more creates a contract than if the body had v. never been incorporated." Dandridge.... | |
| Alabama. Supreme Court, George Noble Stewart - Law reports, digests, etc - 1830 - 654 pages
...enables them to n"VSu>tl contract, and when it prescribes to them a mode of consttbbinn, « at. tracting, they must observe that mode, or the instrument no...contract than if the body had never been incorporated. In the case of the Ntnv-Tork Firemen *w4.Cow™'J Bp Insurance Company against Sturges, ° it was ruled,... | |
| E. Fitch Smith - Constitutional law - 1848 - 1040 pages
...an enabling act; it gives them all the power they possess; it enables them to contract, and when it prescribes to them a mode of contracting they must...contract than if the body had never been incorporated. It is upon a principle somewhat analogous that the doctrine obtains, that a mere naked statutory power... | |
| Law reports, digests, etc - 1858 - 564 pages
...enabling act, it gives to them all the power they possess, it " enables them to contract, and when it prescribes to them a " mode of contracting, they must...contract than if the body had " never been incorporated. It is then the opinion of this " Court, that the circuit Court erred in directing the Jury " that the... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1862 - 754 pages
...doctrine that where the charter, &c. prescribes the mode of contracting, that mode must be observed, or the instrument no more creates a contract than if the body had never been incorporated. ALLISON v. Without doubt, drawing, &c. a bill of exchange, is an act Nov. Term, which should be included... | |
| United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1864 - 822 pages
...act. It gives them all the [ * 100 ] power they possess. It * enables them to contract ; and when it prescribes to them a mode of contracting, they must...contract than if the body had never been incorporated." The court considered the note of the 6th of September " as a mere informal paper, which might perhaps... | |
| Theophilus Parsons - Average - 1868 - 702 pages
...an enabling act; it gives them all the power they possess ; it enables them to contract, and when it prescribes to them a mode of contracting, they must...contract than if the body had never been incorporated. It is said in the opinion that a contract varying a policy is as much an instrument as the policy itself,... | |
| Benjamin Vaughan Abbott, Austin Abbott - Corporation law - 1869 - 1028 pages
...enabling act ; it gives them all the power they possess ; it enables them to contract, and when it prescribes to them a mode of contracting, they must...contract than if the body had never been incorporated. U. S Supreme Ct. 1804, Head v. Providence Ins Co.* 2 CrancTi, 127. Followed Conn. Supreme Ct. 1825,... | |
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