Author: John Freeman Baker

Publisher: Rarebooksclub.com

Published: 2013-09

Total Pages: 112

ISBN-13: 9781230031385

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...toward the corporation by making a profit out of the transaction; that such fraudulent act constituted no defense to an action by the corporation against astockholder to recover the amount of stock subscribed for by him, and also, that the fact that the stock subscribed for by defendant was issued to other parties, would constitute a bar to the action. Scaley v. Worcester, 4 Hun, 302; see also Story/'a Eq. Jur. 315; Dally v. Wonham, 33 Bean. 154; aide Syracuse, Phoenix & Osw. R. R. Co. v. Gere, 6 Supreme Ct. 636. Construction to be given to statute laws.--In construing statutes, it is the duty of courts to render all parts of them eflicient and operative, whenever that can reasonably be accomplished. Roosevelt v. Godard, 52 Barb. 538; see 53 Id. 171. The grammatical rule, which is also the legal rule, in construing statutes, is that where general words occur at the end of a sentence, they refer to and qualify the whole, while if they are in the middle of the sentence, and sensibly apply to a particular branch of it, they are not to be extended to that which follows, Coxsou v. Doland, 2 Daly, 66. The inscriptions or headings of the chapters, titles, and articles into which Part I of the Revised Statutes is divided, containing statements of the subjects to which they respectively relate, are part of the law itself, and not in any wise extrinsic to the enacting clause. Their oflice is solely to control, limit and apply the succeeding provisions of the statute. The People v. Molineaux, 53 Barb. 9; 40 N. Y. 113. In pari mataria.--General laws made at different times, in reference to the same subject, are to be construed together as one statute. Plummer v. Murray, 51 Barb. 201. Liberal conatr'uction.--Statutes giving the right of...