The Position of Foreign Corporations in American Constitutional Law: A Contribution to the History and Theory of Juristic Persons in Anglo-American Law, Volume 2Traces the history of the gradual evolution of two opposing theories concerning corporations active in a legal sovereignty other than that in which their charter was secured. |
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Page 16
... respect to corporations in general . 4 In giving these corporations a place in their political phi- losophy , it is to be expected that the views of our forefathers should have depended somewhat on whether the particular philosopher and ...
... respect to corporations in general . 4 In giving these corporations a place in their political phi- losophy , it is to be expected that the views of our forefathers should have depended somewhat on whether the particular philosopher and ...
Page 19
... respecting Commerce will enable the Legislature to create corporations and monop olies . " And of Mason , Ibid . , 640 : " Under their own construction of the general clause at the end of the enumerated powers , the Congress may grant ...
... respecting Commerce will enable the Legislature to create corporations and monop olies . " And of Mason , Ibid . , 640 : " Under their own construction of the general clause at the end of the enumerated powers , the Congress may grant ...
Page 38
... respect to suing , a foreign corporation is no different from a foreign individual . There might be a technical difficulty of proving the foreign incor- poration ; but the difficulty was not insuperable . As early as 1729 , the Dutch ...
... respect to suing , a foreign corporation is no different from a foreign individual . There might be a technical difficulty of proving the foreign incor- poration ; but the difficulty was not insuperable . As early as 1729 , the Dutch ...
Page 50
... respect to each clause whether beings of that character come within its policy . During the century or more in which it has struggled with this task , however , corporations themselves have undergone a gradual but fundamental revolution ...
... respect to each clause whether beings of that character come within its policy . During the century or more in which it has struggled with this task , however , corporations themselves have undergone a gradual but fundamental revolution ...
Page 52
... respect to legal remedies regarding land held by them in the United States . Under international treaties a corporation is very frequently treated as a citizen . The Danish - French treaty of 1910 has a clause in substance identical and ...
... respect to legal remedies regarding land held by them in the United States . Under international treaties a corporation is very frequently treated as a citizen . The Danish - French treaty of 1910 has a clause in substance identical and ...
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Common terms and phrases
agent Alabama American applied argument authority Bank of Augusta Bank of United cause of action charter Chief Justice citizens citizenship colonies comity Commerce Clause Constitution contract corporation engaged court held Dartmouth College decision discrimination dissent doctrine doctrine of comity domestic corporations due process engaged in interstate entitled established exercise existence expressly expulsion federal courts foreign cor foreign corporation Fourteenth Amendment franchise grant ground Ibid immunities clause imposed incorporation individual interstate business interstate commerce Jersey jurisdiction juristic law of foreign legal personality legislation legislature license tax Louis Southwestern Railway Massachusetts Mining Company Missouri monopolies Mutual Life Insurance Ohio opinion pany Pennsylvania plaintiff poration principle privileges and immunities Pullman Pullman Company purposes Railroad Company reason seems service of process sovereignty statute stockholders sued suit Supra Supreme Court sustained Taney tion trade uncon unconstitutional conditions United Virginia Western Union Western Union Telegraph York
Popular passages
Page 110 - Having no absolute right of recognition in other states, but depending for such recognition and the enforcement of its contracts upon their assent, it follows as a matter of course that such assent may be granted upon such terms and conditions as those states may think proper to impose.
Page 40 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, (paupers, vagabonds, and fugitives from justice excepted,) shall be entitled to all privileges and immunities of free citizens in the several States...
Page 191 - No state shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States...
Page 61 - That invisible, intangible, and artificial being, that mere legal entity, a corporation aggregate, is certainly not a citizen; and consequently cannot sue or be sued in the courts of the United States, unless the rights of the members, in this respect, can be exercised in their corporate name.
Page 188 - the citizens of each State shall be entitled to all the privileges and immunities of citizens of the several States.
Page 71 - the privileges and immunities secured to citizens of each State in the several States, by the provision in question, are those privileges and immunities which are common to the citizens in the latter States under their constitution and laws by virtue of their being citizens.
Page 50 - It must dwell in the place of its creation, and cannot migrate to another sovereignty. But although it must live and have its being in that state...
Page 120 - Issuing a policy of insurance is not a transaction of commerce. The policies are simple contracts of indemnity against loss by fire, entered into between the corporations and the assured, for a consideration paid by the latter.
Page 50 - In the silence of any positive rule, affirming, or denying, or restraining the operation of foreign laws, courts of justice presume the tacit adoption of them by their own government, unless they are repugnant to its policy, or prejudicial to its interests.
Page 93 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant...