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accept action affirmed agreed agreement alleged amount answer Appeal appellee applied authority bank bill bond cause Cent charge claim common complainant condition considered construction contract corporation court damages death decree deed defendant determine direct directors duty effect entered entitled error evidence exceptions execution fact filed follows further give given granted ground held injury intention interest issue John judge judgment jury land March matter ment mortgage negligence notice opinion owner paid parties payment person plaintiff possession present proceedings purchase question reason received recover referred result rule share statute street sufficient sustained testimony tion trial trust wife witness
Seite 436 - ... (3) have not been duly scheduled in time for proof and allowance, with the name of the creditor if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or (4) were created by his fraud, embezzlement, misappropriation, or defalcation while acting as an officer or in any fiduciary capacity.
Seite 438 - All persons whatsoever, residing in any State, District or Territory of the United States, owing debts, which shall not have been created in consequence of a defalcation as a public officer; or as executor, administrator, guardian or trustee, or while acting in any other fiduciary capacity...
Seite 431 - A person placing his signature upon an instrument otherwise than as maker, drawer or acceptor, is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity.
Seite 46 - A negotiable instrument is discharged: 1. By payment in due course by or on behalf of the principal debtor; 2. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation ; 3. By the intentional cancellation thereof by the holder; 4. By any other act which will discharge a simple contract for the payment of money; 5.
Seite 432 - As respects one another, indorsers are liable prima facie in the order in which they indorse; but evidence is admissible to show that as between or among themselves they have agreed otherwise.
Seite 71 - July 13, 1900, this cause came on to be heard at this term, and was argued by counsel, and upon consideration thereof it Is ordered, adjudged, and decreed as follows: (1) The preliminary Injunction entered October 24, 1905, is dissolved.
Seite 46 - A person secondarily liable on the instrument is discharged : 1. By any act which discharges the instrument; 2. By the intentional cancellation of his signature by the holder; 3. By the discharge of a prior party; 4. By a valid tender of payment made by a prior party; 5. By a release of the principal debtor, unless the holder's right of recourse against the party secondarily liable is expressly reserved ; 6.
Seite 48 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Seite 314 - It may, if it chooses, exempt certain classes of property from any taxation at all, such as churches, libraries and the property of charitable institutions. It may impose different specific taxes upon different trades and professions, and may vary the rates of excise upon various products...
Seite 431 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...