Auerbach v. Le Sueur Mill Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Sibley county, refusing a new trial, after a trial by Macdonald, J., without a jury. The case is stated in the opinion. A corporation has only such powers as are conferred by its charter, and any contract made by it outside and beyond these powers is absolutely void against everybody, and cannot be ratified unless by the legislature.
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Appeal by defendant from an order of the district court for Sibley county, refusing a new trial, after a trial by Macdonald, J., without a jury. The case is stated in the opinion. A corporation has only such powers as are conferred by its charter, and any contract made by it outside and beyond these powers is absolutely void against everybody, and cannot be ratified unless by the legislature. Rochester Insurance Co. v. Martin, 13 Minn. 59; Angelí & Ames on Corp. § 1; 1 Kyd on Corp. § 1; Green’s Brice’s Ultra Yires, 1; Downing v. Mount Washington Road Co., 40 N. H. 230; Occwm Co. v. Sprague…
1Opinion of the CourtDickinson, J.
This action was tried before the court, Macdonald, J., without a jury, who filed his decision awarding judgment in favor of the plaintiff. The defendants moved for a new trial, and from the order refusing the same appealed to this court. Numerous exceptions were- taken at the trial to the rulings of the court in respect to the evidence, but none of the questions thus raised are important in the determination of this case; for, whether such exceptions were well taken or not, the decision must be sustained upon facts found by the court below from evidence which was clearly not subject to…
2Cases cited10 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- Bradley v. BallardIllinois Supreme Court · 1870
- City of Lexington v. ButlerSupreme Court of the United States · 1872
- Moran v. the Commissioners of Miami CountySupreme Court of the United States · 1863
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. Mortgage Security Co. of Minnesota, Inc.Supreme Court of Minnesota · 1923
- Fogg v. Supreme Lodge of United Order of the Golden LionMassachusetts Supreme Judicial Court · 1892
- Hunt v. Hauser Malting Co.Supreme Court of Minnesota · 1903
- North Hudson Mutual Building & Loan Ass'n v. First National BankWisconsin Supreme Court · 1891
- Benson Lumber Co. v. ThorntonSupreme Court of Minnesota · 1932
8 more not listed; retrieve them via the Exa API.