Court : US Supreme Court
..... to rescind a certain contract between the county and the company, made in september, 1862, whereby the county agreed to convey to the company its swamp lands, and its claim against the government for indemnity on account of swamp lands belonging to it and which had been sold by the public land officers; also to rescind a deed executed on behalf of the county in pursuance of the said contract; and to recover back the moneys and proceeds ..... the proviso of the second section of the act of congress declared that the proceeds of the lands, whether from sale or direct appropriation in kind, should be applied exclusively, as far as necessary, to these purposes. ..... it was also charged that the defendant had made use of fraudulent misrepresentations and bribery to procure a vote of the people of the county in favor of the sale (which was required by the laws of the state). ..... it was further provided that, before any such contract could take effect, the proposition should be submitted to a vote of the people of the county, for their approval or rejection. ..... in iowa, such a contract, if approved by a vote of the people of the county under the act of the legislature of that state passed in 1858, is valid though the lands be disposed of for less than one dollar and a quarter per acre; and, if it includes also a sale of the claim of the county against the .....
Tag this Judgment!Court : US Supreme Court
..... 2, 1853, granted these lands to the counties of that state in which they might be found, with an injunction that the lands and their proceeds should be appropriated to reclaiming the swamp lands, and if, when this was accomplished, anything was left, to building roads and bridges over the same, and lastly the remainder to be used in building roads and bridges in other parts of ..... states and all other parties," the company agreeing, in payment therefor, to spend $500 in such public improvements in the county as the board should require, to take the lands subject to the provisions of the said act of congress and the existing laws of iowa, and to release the state and the county from any liability to reclaim the lands. ..... also authorized the sale of all said lands to any person or corporation by a written contract, to be in like manner submitted to the vote of the county; but such sale was subject to the following proviso: "that no sale, contract, or page 97 u. s. ..... case before us is a bill in chancery to set aside said contract and deed and for an accounting, so far as the company has sold lands or received money on account of swamp lands due to said county. ..... county, in 1870, no improvements having been made, filed this bill praying for the annulment and cancellation of the contract, for a reconveyance of the lands, saving the rights of intermediate purchasers, and for an accounting so far as the company had sold said lands or received money on account of swamp lands due the county. .....
Tag this Judgment!Court : US Supreme Court
..... the firm of emmons & chandler up to the time the account was closed, and until such time knew of nothing from which they could infer the dissolution of said firm; that there was nothing unusual about the size or quality of the last shipments ..... that the firm of emmons & chandler did dissolve about the thirteenth day of december; that emmons did in the first four days of the following january, in his own name and on his own account, ship to the defendants nine carloads of cattle, sheep, and hogs, which were sold by them, and the proceeds held to pay the said indebtedness; that upon the sixth day of january, ..... that it was given by the defendants unhesitatingly, and with but little inquiry into the reasons of chandler for wishing the same antedated, because, at the time it was actually given, their account was paid in full; that business was conducted in the same manner subsequently to the 13th december, 1870, as before that time, and the defendants supposed they were doing business with ..... they appropriated the money and proceeds of the property in question in the exercise of a factor's lien to satisfy a prior indebtedness alleged to be due them by the bankrupt, held that the attempt to set up such a lien when the creditor knew that the debtor was on the eve of bankruptcy, and thus secure a preference over other creditors, was a fraud upon the bankrupt act. .....
Tag this Judgment!Court : US Supreme Court
..... filed by the owner in the court of claims for remuneration, led the court to find "that when the same were respectively taken into the service of the united states, the officers acting for the government did not intend to 'appropriate' them, nor even their services, but did intend to compel the captains and crews with such steamers to perform the services needed, and to pay a reasonable compensation for such services ..... 626 "that in the case of each of these steamers, at the times when the same were respectively taken into the service of the united states, the officers acting for the united states did not intend to 'appropriate' these steamers to the united states, nor even their services, but they did intend to compel the captains and crews with such steamers to perform the services needed, and to pay a reasonable compensation for ..... that such was the understanding of the claimant," and, the property having been returned to the exclusive possession and control of its owner so soon as the emergency was over, held that there was no such "appropriation" as brought the case within the act of july 4, 1864, which enacts "that the jurisdiction of the court of claims shall not extend to or include any claim against the united states growing out of . . ..... apart from that, it also appeared that the premises belonged to an insurgent in the rebel army, and the court of claims also found that the contract was void on that account. .....
Tag this Judgment!Court : US Supreme Court
..... the directors of the company vindicated the appropriation as beneficial to the company, and that similar arrangements were not unusual among railway companies. ..... it has been stated that these things, to a small extent, have been frequently done since the establishment of railways; but unless the acts so done can be proved to be in conformity with the powers given by the special acts of parliament under which those acts are done, they furnish no authority whatever. ..... 180, it was considered that a railway company incorporated by act of parliament was bound to apply all the funds of the company for the purposes directed and provided for by the act, and for no other purpose whatever, and that a contract to do something beyond these was a contract to do an illegal act, the illegality of which, appearing by the provisions of a public act of parliament, must be taken to be known to the whole world. ..... said the statute incorporating the defendants' company gives no authority respecting the bills in parliament promoted by the plaintiffs, and we are therefore bound to say that any contract relating to such bills is not justified by the act of parliament, is not within the scope of the authority of the company as a corporation, and is therefore void. ..... the rights, duties, and obligations of the defendants are defined in the acts of the legislature of indiana under which they were organized, and reference must be had to these, to page 62 u. s. .....
Tag this Judgment!Court : US Supreme Court
..... forfeiture of one million of dollars reserved to the state of maryland as a penalty in case the said baltimore & ohio railroad company shall not locate the said road in the manner provided for in that act, be and the same is hereby remitted and released and any suit instituted to recover the same sum of one million of dollars or any part thereof be and the same is hereby declared to be discontinued ..... on the contrary, the whole scope of the law shows that it was legislating for state purposes, making large appropriations for improvements in different places, and if the policy which at that time induced it to prescribe a particular course for the road and in case it was not followed to exact from the ..... the oath or affirmation of a majority of said directors, that they sincerely believe in their certificate and statement that, with the subscription by this act authorized to be made to said company's stock, and with the subscription which the city of baltimore may have made by virtue of an act, passed at december session of the year eighteen hundred and thirty-five of this assembly, or that independently of any subscription by any other public ..... of the said road, provided that if the said baltimore & ohio railroad company shall not locate the said road in the manner provided for in this act, then and in that case they shall forfeit one million of dollars to the state of maryland for the use of washington county. ..... 551 every one of their delegates had voted against it, provided it was passed by .....
Tag this Judgment!Court : US Supreme Court
..... the opinion of the court, it necessarily arises on the record; it enters into the very vitals of the cause; its merits cannot be settled without a direct decision upon it, and thinking that the affirmance of the agreement to appropriate the whole effects of the bank exclusively to the united states, establishes, by the high authority of this court, a general principle, applicable to all corporations, all trustees, private or corporate, extending to creditors and stockholders, equally ..... of the bank was at that time sufficient to pay the debt due to the united states, and if any part of that estate has been wasted or misapplied by the corporate body or their agents, or has been appropriated unnecessarily to any purpose other than towards the debt of the united states, or is otherwise unaccounted for; the defendant is responsible for such misapplication or waste, and for any sum ..... defendant is liable therefor as their surety, but that the bank is not liable for the money which came to his hands as sheriff, unless the president and directors were guilty of negligence in using the appropriate means to draw it out of his hands in reasonable time ..... . it cannot be pretended that the appropriation of the whole fund to the united states exonerates the bank from its obligation to pay the $60,000 due to individuals; their demands are not extinguished thereby, but remain in full force after ..... the hypothesis that the original agreement was a mere corporate act, the whole transaction is accounted for .....
Tag this Judgment!Court : US Supreme Court
..... beatty, deceased, did designate a lot in his addition to georgetown by inscribing on the plot thereof these words, "for the lutheran church;" that they always understood and believed that he meant by that inscription to manifest an intention to appropriate that lot to the use of the lutherans, provided they would build on it within a reasonable time a house of public worship, which would conduce to diffuse piety, to enhance the value of his property, and to adorn his ..... admitted that the lot was so marked in the plot as the bill states, and that it was charles beatty's intention to appropriate the same to the use of the lutheran congregation, provided they would build thereon within a reasonable time a house of public worship ..... the contrary, the original plan and appropriation were constantly kept in view by all the legislative acts passed on the subject of this addition ..... some of the parishioners may sue a parson to establish a general modus without joining all, and some of the members of a voluntary society or company, when the parties are very numerous, may sue for an account against others, without joining all. ..... only difficulty is whether the plaintiffs have shown in themselves a sufficient authority, since it is not evidenced by any formal vote or writing. ..... only difficulty which presents itself upon the question whether the complainants in the circuit court have shown in themselves sufficient authority to maintain their suit is that it is not evidenced by any formal vote or writing. .....
Tag this Judgment!Court : US Supreme Court
..... on which relief is granted is that the patent, which is the consummation of title, does, in equity, relate to the inception of title, and therefore, in a court of equity, the person who has first appropriated the land in contest has the best title unless his equity is impaired by the circumstances of the case. ..... relates to the inception of title, and therefore, in a court of equity, the person who has first appropriated the land has the best title unless his equity is impaired by the circumstances of the case. ..... gives a caveat against a survey not returned to the land office within twelve months after it is made, or whose breadth shall not be one-third of its length, but gives no caveat on account of surplus land contained in a survey, nor does it indicate the idea that on a survey containing such surplus, a caveat could not be supported. ..... it is not for him to say that he had misinformed the government, and had surveyed appropriated instead of vacant lands, and had thereby entitled himself to be considered as a purchaser without ..... in this case, mcdonald supposed himself to be appropriating, and in fact was appropriating, land to which no other had at the time ..... this being the case, it is admitted by the government to be an appropriation of the land it covers, and it is difficult to discern a rule by which the survey could be reduced on a caveat by the owner of an interfering survey unless the entry on which it was made was in such terms that the excess ..... is the act of appropriation. .....
Tag this Judgment!Court : Kolkata
..... an affidavit in terms of the earlier order but in the affidavit, the judgment-debtor did not furnish any proof as required under section 48 of the arbitration and conciliation act, 1996 questioning the enforceability of the said award nor any independent application was filed challenging the enforceability of the foreign award. ..... the judgment-debtor was directed to file an affidavit disclosing the particulars of the bank accounts and the amounts lying on to the credit of judgment-debtor in each of such bank accounts with supporting documents mentioned in paragraph 26 of the affidavit in support of the tabular ..... . the court in this limited jurisdiction and the narrower scope within which the court has to act under section 48 of the arbitration and conciliation act, 1996 is unable to accept the submission of the buyer that the said award is contrary to public policy of ..... . in the former case the sellers then disposed of the goods for their own account and in the latter the goods appear to have been sold in satisfaction of freight or warehouse costs with ..... the judgment-debtor has filed this application ostensibly under section 48 of the arbitration and conciliation act, 1996 but essentially for having a second look at the foreign award, notwithstanding an earlier order dated 4th september, 2014, by which the question of maintainability including ..... that except invoice, packing list and shipment, appropriation in all documents . ..... . reported at (2005) 1 scc787as also by .....
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