RAILWAY COMPANY v. ALLERTON


85 U.S. 233 (1873)

18 Wall. 233

RAILWAY COMPANY v. ALLERTON.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. Charles Hitchcock, for the appellant; Mr. E.A. Storrs, contra.


Mr. Justice BRADLEY delivered the opinion of the court.

Without attempting to decide the constitutional question, or to give a construction to the act of the legislature, we are satisfied that the decree must be affirmed on the broad ground that a change so organic and fundamental as that of increasing the capital stock of a corporation beyond the limit fixed by the charter cannot be made by the directors alone, unless expressly authorized thereto. The general power...

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