It is, we think, a sound principle, that when a government becomes a partner in any trading company, it divests itself, so far as concerns the transactions of that company, of its sovereign character,, and takes that of a private citizen. Bulletin of the Department of Labor - Page 5071905Full view - About this book
| United States. President, James Daniel Richardson - Presidents - 1897 - 712 pages
...the State could l>e sued in the course of business, on the principle that when a government Ixfcomes a partner in any trading company it divests itself,...far as concerns the transactions of that company, oí its sovereign character and takes that of a private citizen. The State, said the court through... | |
| Emlin McClain - Constitutional law - 1900 - 1134 pages
...v. The Planters' Bank, 9 Wheat. 904, the Chief Justice, in giving the opinion of the court, says : " dependent tribunals, endeavor to avoid, and in jcharactcr, and takes that of a private citizen. Instead of communicating to the company its privileges... | |
| Horace La Fayette Wilgus - Corporation law - 1902 - 1252 pages
...interest in it. It is," he says, "a sound principle, that when a government becomes a partner in a trading company, it divests itself, so far as concerns...sovereign character, and takes that of a private citizen." I can not distinguish that case from the one now under consideration. It is true, the state of Georgia... | |
| Elmer Henry Beach - Accounting - 1903 - 286 pages
...Justice Marshall says : "It is a sound principle of law that when a government becomes a partner in a trading company, it divests itself, so far as concerns...sovereign character, and takes that of a private citizen." But where a corporation is composed exclusively of officers of the government, having no personal interest... | |
| Elmer Henry Beach - Accounting - 1903 - 266 pages
...Justice Marshall says : "It is a sound principle of law that when a government becomes a partner in a trading company, it divests itself, so far as concerns...sovereign character, and takes that of a private citizen." But where a corporation is composed exclusively of officers of the government, having no personal interest... | |
| John Marshall - Constitutional law - 1903 - 828 pages
...Planters' Bank of Georgia is not the State of Georgia, although the State holds an interest in it. It is, we think, a sound principle, that, when a government becomes a partner in any tradit a government becomes a partner in a inor company, it divests itself, so far as trading company,... | |
| John Marshall - Constitutional law - 1903 - 832 pages
...The suit is against a corporation, and the . , j • , i_ i- /• i L it. Planters' Bank of GeorIt is, we think, a sound principle, that, when a government becomes a partner in any tradIf a government hecomes a partner in a in£ company, it divests itself, so far as trading company,... | |
| United States. President, James Daniel Richardson - United States - 1907 - 778 pages
...party to a banking or a commercial enterprise the State could be sued in the course of business, on the principle that when a government becomes a partner...sovereign character and takes that of a private citizen. The State, said the court through Chief Justice Marshall, is not a party— that is, an entire party—... | |
| United States. President, James Daniel Richardson - United States - 1908 - 874 pages
...party to a banking or a commercial enterprise the State could be sued in the course of business, on the principle that when a government becomes a partner...sovereign character and takes that of a private citizen. The State, said the court through Chief Justice Marshall, is not a party — that is, an entire party... | |
| Electronic journals - 1909 - 800 pages
...apparently decided United States Bank v. Planters' Bank* on the ground that, "when a government becomes the partner in any trading company, it divests itself,...sovereign character and takes that of a private citizen." But the case is usually construed to stand for no more than that a suit against a corporation is not... | |
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