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48 NORTH DAKOTA REPORTS

(Railway v. Harris, 122 U. S. 597, 7 Sup. Ct. 1286, 30 L. ed. 1146).

Libel by a railroad company, (Railroad v. Quigley, 21 How. 202, 1 L. ed. 73.)

Fraud and deceit, assault and battery, malicious prosecution, nuisance and libel, (National Bank v. Graham, 1oo U. S. 699, 702, 25 L. ed. 750.)

Fraud by a municipal corporation in reports of distilled spirits to revenue collector, (Salt Lake City v. Hollister, 118 U. S. 256, 6 Sup. Ct. 1055, 30 L. ed. 176.)

Fraud and deceit by a manufacturing company, (Butler v. Watkins 13 Wall, 457; 463, 20 L. ed. 629.)

Maintenance of a nuisance, (Railroad v. Baptist Church, 108 U. S. 317; 2 Sup. Ct. 719: 27 L. ed. 739.)

Assault and battery by an express company, (Southern Ex. Co. v. Platten, 36 C. C. A. 46; 93 Fed. 936.)

Malicious prosecution by a manufacturing company, (Copley v. Sewing Machine Co., 2 Woods 494; Fed. Cas. No. 3213.)

Boycotting by a corporation of which the members were mercantile firms, (Hartnett v. Plumber's Supply Assn. 169 Mass. 229; 47 N. E. 1002 38 L.R.A. 194.)

Malicious prosecution by a savings bank, (Red v. Home Savings Bank, 130 Mass. 443; 39 Am. Rep. 469.)

It is also well settled that a corporation cannot escape liability upon a plea that the tortious acts were ultra vires. Citing in support the following authorities:

Railroad v. Quigley, 21 How. 202; 16 L,. ed. 73. Merchants Bank v. State Bank, 10 Wall. 604; 645. 19 L. ed. 1008. County of Calhoun v. Emigrant Company, 93 U. S. 124; 130; 23 L. ed. 826. National Bank v. Graham, too U. S. 699. 702, 25 L. ed. 750. Salt Lake City v. Hollister, 118 U. S. 256; 6 Sup. Ct. 1055 30 L. ed. 176. Railway v. Harris, 122 U. S. 597. 7 Sup. Ct. 1286; 30 L. ed. 146; Railway Co. v. Howard, 178 U. S. 153; 160; 20 Sup. Ct. 880 44 L. ed. 1015. Alexander v. Relfe, 74 Mo. 517.

“Corporations are liable for every wrong they commit, and in such cases the doctrine of ultra vires has no application.”

“They are also liable for the acts of their servants while such servants are engaged in the business of their principal, in the same manner and to the same extent that individuals are liable under like circumstances.”

Merchants Bank v. State Bank, 10 Wall 604; 19 L. ed. 1008. Ultra