ipl-logo

Howard V. Patent Ivory Company Case Summary

1293 Words6 Pages

The rule will not be applicable if the person dealing with the company has slight knowledge about the lack of authority of the person who is acting on behalf of the company. The doctrine of indoor management will not be applicable in this case.
In the case of Howard v. Patent Ivory Co. , according to the articles of the Company, the directors cannot borrow more than 1000 pounds without the consent of the company’s annual general meeting. In the above case, the directors borrowed 3500 pounds without the consent of an annual general meeting from another director who took debentures. The plaintiff was also a director. It is then established that he has the knowledge about the internal irregularity that existed in the company. It was held by the …show more content…

Proved Tin & General Investment Co , the director of the company entered into a contract with Rama Corporation while acting on behalf of the company. A cheque was also taken from the Corporation. The articles of the company provided that the director may delegate his/her power. However, Rama Corporation did not have knowledge of this aspect. The articles and memorandum of the company was not known to the Corporation. It was later seen that the company had not enabled the delegation of power to the above mentioned director. It was held by the Courts that the plaintiff could not take the remedy of the indoor management since they did not have knowledge of the articles of the company and did not know that the power could be …show more content…

Turquand, no such exception to the rule existed since the third party acted on good faith and did not have any knowledge as to the irregularity. It also had complete knowledge of the articles of memorandum and association of the company, and forgery and negligence was not carried out on behalf of the Bank. Hence, the Bank can claim the loan, and hold the defendant liable. Even though the third party is given a benefit of convenience, this is not absolute in nature. It is subject to restrictions. Hence, we can say that Royal British Bank did not commit any of the above mentioned activities that would disallow the granting of the rule of Indoor

Show More
Related

Tim Barton Construction, Inc.: Case Study

495 Words | 2 Pages

Barton attended two years at SW Texas Jr. College in Uvalde and three years at Cisco Jr. College. He has a two-year associate’s degree. He doesn’t have any licenses or certifications in construction. From 1979-2008, he had his own company that built houses and some commercial projects. Tim Barton Construction started out as a sole proprietorship; he later formed Tim Barton Construction, LLC.

Read More

Summary Of The Clarkson Vs. Orkin Determinating Co. Inc.

557 Words | 3 Pages

Introduction The Clarkson v. Orkin Exterminating Co. Inc. case took place in the year 1985. Mrs. Clarkson sued Orkin Exterminating Co. Inc. for three distinct charges. Orkin had a contract with both the previous owner of which Mrs. Clarkson inherited after purchasing the house. The agreement stated that Orkin Exterminating Company was to be paid a certain amount of money to handle exterminating practices in this case; spraying of termites.

Read More

Hunter V. Guardian Life Ins: Case Study

334 Words | 2 Pages

to show: (A) there was a purported fiduciary relationship; or (B) the relationship was one of subjugation or “dominion and influence.” Each of these deficiencies alone necessitates a dismissal of Dr. Stout’s constructive fraud cause of action under Rule 12(b)(6). The Court has explained the elements necessary to maintain a constructive fraud cause of action: A constructive fraud complaint must allege facts and circumstances (1) which created the relation of trust and confidence, and (2) led up to and surrounded the consummation of the transaction in which defendant is alleged to have taken advantage of his position of trust to the hurt of plaintiff.

Read More

Graham V. Hendrickson Case Brief

812 Words | 4 Pages

Jake Ruksakiati V-220 HW 3 Case one: Graham v. Connor (1989) Case two: Kingsley v. Hendrickson (2015) Graham v. Connor: Facts: Graham is a diabetic and asked one of his friends to take him to a convenience store so he could purchase juice to counteract an insulin reaction he had been experiencing. While in the store Graham noticed that the line to check out was extremely long and decided to leave the store. Graham left the store extremely fast, raising suspicion about his activity to police officer Connor.

Read More

Case Study Of Turner V. Hershey Chocolate USA

1045 Words | 5 Pages

The plaintiff is not estopped by her SSDI and long term disability claims. However, the issue should have been decided by the jury. The court foreclosed to grant the plaintiff was not a qualified individual. The issue is whether the district court correctly granted summary judgment in the favor of the defendant because the shaker table rotation rule at issue was an essential function of the employee’s job.

Read More

Thompson Medical Co. Inc. V. Federal Trade Commission Case Study

468 Words | 2 Pages

Case: 791 F2d 189 Thompson Medical Co. Inc. v. Federal Trade Commission Facts: This case concerns a complaint brought by the Federal Trade Commission ("FTC" or "Commission") against petitioner Thompson Medical Company under Secs. The Commission ordered Thompson to refrain from making unsubstantiated claims that Aspercreme is effective and to disclose in the product 's labeling and advertising that it does not contain aspirin. Thompson challenges the FTC 's order as arbitrary and capricious, contrary to public policy, unsupported by substantial evidence, and discordant with applicable Commission precedent.

Read More

Summary Of Thomas Clayton's Court Case

403 Words | 2 Pages

Bath, N.Y. (WENY) -- In a few days Thomas Clayton will be sentenced for his role in orchestrating his wife 's death. However on Thursday, the attorney for the convicted murderer made his first motion for a new trial. Thomas Clayton appeared in a dark green prison jumpsuit, shackled at his hands and feet, as his attorney Ray Schlather argued against the expert testimony of cell phone analyst Sy Ray. Schalther said the jury got it wrong

Read More

Raleigh Heck Tate Opening Statement

714 Words | 3 Pages

The defendant used his position of authority to allow him to lack effort in the investigation process, causing there not to be proper law carried out. At the conclusion of the case, after you have heard all of the evidence, I am confident that you will conclude that the defendant has overused the

Read More

Billy Buyer Case Summary

506 Words | 3 Pages

The Plaintiff did not fulfill her contractual obligation to negotiate her claim with the Defendant prior to filing the lawsuit. The Defendant affidavit is attached herein. CONCLUSION Based on the foregoing fact, and as the Plaintiff did not fulfill her contractual obligations, Defendant requests the Court to dismiss this case complying with forgoing New York federal court decision. Date: New York, New York June 18,

Read More

The Case Of Timothy Ivory Carpenter Vs United States

364 Words | 2 Pages

In the case of Timothy Ivory Carpenter V. UNITED STATES Did the government overstep its bounds in Detroit without getting a probable cause warrant, and did the government violated the 4th amendment of Timothy Ivory Carpenter? The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,but upon probable cause, the police have the right to searched, and the persons or things to be seized. That is the 4th amendment. So what are the facts of the case then? (“United States v. Carpenter.”

Read More

Hermanson V. Virginia Beach Summary

1018 Words | 5 Pages

2. Does the bank leave the liable on the Herman friend at the bank. Applicable In the case of Mayer v. Hampton, 127 N.H. 81 the court affirm both

Read More

The Sherman Antitrust Act: Plessy V. Ferguson

1725 Words | 7 Pages

Entry 1: The Sherman Antitrust Act: The Sherman Antitrust Act was passed by Congress in 1890. The Sherman Antitrust Act was the first measure put in place to allow free trade without any restrictions, and prohibited trusts in order to end them. This act gave Congress the right to regulate interstate commerce. Any restriction on free trade was marked as illegal and could result in fines and jail time. The Sherman Antitrust Act was basically a shield to protect people from the restriction of big corporations; in addition, this act had an immediate, threatening impact on the dominate businesses in the economy.

Read More

The Dred Scott V. Sandford Case

442 Words | 2 Pages

The Dred Scott v. Sandford case had the greatest impact on Race Relations in America because it created a legitimate definition of the citizenship. Scott, a former slave, stated that because of his occupancy in a free state, he is a free man. The other side argued that Scott was still a slave and according to the fifth amendment, no person (master) can be deprived of their property. The initial impact of the case was in favor of the slave owner but this decision was overturned by the adoption of the thirteenth and fourteenth amendment. The thirteenth amendment ended slavery and the fourteenth amendment granted citizenship to everyone born or naturalized in the United States included former slaves who had been freed after the Civil War.

Read More

Gnych & Anor V Polish Club Case Study

879 Words | 4 Pages

Everyone was told to maintain silence, stand up and following that everyone was told to sit down. Then the Plaintiff’s Lawyer Mr REYNOLDS stood up, introduced himself and his party and was given the chance to speak. Following that he started to describe the case to the judges and explaining and providing references from previous cases and also mentions what Polish Club Limited breached. After that the defendant’s lawyer that is MR CLAY was allowed to speak for the defendant who argued for a while and defended Polish Club Limited. The Honour and the other judges questioned Mr Reynolds, the plaintiff’s lawyer, about evidence and reference provided to make sure whether the claim they are making against Polish Club Limited comply and whether Polish Club Limited breached the law.

Read More

Reynolds V Clarke (1833)

1896 Words | 8 Pages

Reynolds v Clarke (1726)2 Ld Raym 1399, Fortescue ruled that the difference would surmount to whether the consequence was immediate or occurred later, for which an action would otherwise not be brought. The rigidness in the distinction between trespass and case proved a problem. The solution lay in allowing the plaintiff to ‘waive’ the trespass and sue instead in case.in Williams v. Holland (1833)2 LJCP (NS) 190, the court of common pleas decided that this would be allowed if the plaintiff’s injury was occasioned by the ‘carelessness and negligence’ of the defendant, regardless of whether or not the act was immediate, so long as the act was unwillful. Thus one could bring an act whether the defendant produced immediate or consequential damage.

Read More

More about Howard V. Patent Ivory Company Case Summary

Related Topics

Open Document