| Theodore Sedgwick - Constitutional history - 1857 - 774 pages
...capacity or authority to contract, arising either on a question of regularity of organization or of power conferred by the charter, a party who has had the benefit of the agreement cannot be permitted, in an action founded on it, to question its validity. It would be in... | |
| Henry Jacob Labatt - Law reports, digests, etc - 1861 - 1182 pages
...capacity or authority to contract, arising either on a question of regularity of organization, or of power conferred by the charter, a party who has had the benefit of the contract cannot, in an action founded upon it, contest its validity. And this rule applies with equal force... | |
| Benjamin Vaughan Abbott, Austin Abbott - Corporation law - 1869 - 1028 pages
...,102; 13 Pa. 13; 3 Sandf. 170; 11 Barb. 213.] When it is a simple question of capacity or authority to contract, arising either on a • question of regularity...a party ! who has had the benefit of the contract, ! cannot be permitted to question its validity, in an action founded upon it. Even where there has... | |
| Charles W. Langdon - Constables - 1870 - 858 pages
...capacity or authority to contract, arising either on a question of regularity of organization or of power conferred by the charter, a party who has had the benefit of the contract cannot, in an action founded upon it, contest its validity. And this rule applies with equal force... | |
| New York (State), William Wait - Civil procedure - 1871 - 1034 pages
...permitted to allege that the plaintiff was precluded from making such loan by the terms of its charter. Where it is a simple question of capacity to contract,...charter, a party who has had the benefit of the contract, cannot question its validity in an action founded upon it. Steam Navigation Co. v. Weed, 17 Barb. 378.... | |
| Law - 1881 - 638 pages
...bySedgwick:32 "Where it is asim.-ple question of capacity or authority arising •on a question * * of power conferred by the •charter, a party who has had the benefit of the agreement cannot be permitted, in an action founded on it, to question its validity."33 In this class... | |
| Theodore Sedgwick - Constitutional law - 1874 - 750 pages
...capacity or authority to contract, arising either on a question of regularity of organization or of power conferred by the charter, a party who has had the benefit of the agreement cannot be permitted, in an action founded on it, to question its validity. It would be in... | |
| 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 - 1875 - 674 pages
...Agriculture v. The Citizens Street RW Co. either on a question of regularity of organization or of power conferred by the charter, a party who has had the benefit of the agreement can not be permitted, in an action founded on it, to question its validity. It would be in... | |
| Isaac Grant Thompson - Law reports, digests, etc - 1877 - 882 pages
...pass upon that. It was decided in the Steam Navigation Co. v. Weed, 17 Barb. 378, that when it was a simple question of capacity to contract arising...charter, a party who has had the benefit of the contract cannot be permitted, in an action fouaded upon it, to question its validity. Judge PARKER'S opinion,... | |
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