The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Band 33Bancroft-Whitney, 1886 |
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Seite 42
... ground that the plaintiff was expressly named in the policy ; which is not the case here . It would , therefore , rather seem to support the rule laid down above , that covenant can only be maintained in the name of a party to , or the ...
... ground that the plaintiff was expressly named in the policy ; which is not the case here . It would , therefore , rather seem to support the rule laid down above , that covenant can only be maintained in the name of a party to , or the ...
Seite 47
... ground that notice of dishonor was not given him ; the maker proved insolvent ; and Mr. Bellemire brought this action against the bank to recover damages accruing from its neglect to have notice of dishonor properly given . Judgment was ...
... ground that notice of dishonor was not given him ; the maker proved insolvent ; and Mr. Bellemire brought this action against the bank to recover damages accruing from its neglect to have notice of dishonor properly given . Judgment was ...
Seite 58
... ground . But can the consignor sustain the suit ? This exception , after a full trial on the merits , is not entitled to much favor ; and we might be excused from noticing it altogether , as the exception does not appear as one of the ...
... ground . But can the consignor sustain the suit ? This exception , after a full trial on the merits , is not entitled to much favor ; and we might be excused from noticing it altogether , as the exception does not appear as one of the ...
Seite 75
... ground of fraud . Now , there might be an actual fraud practiced on the administratrix herself , which she herself might sustain a bill to be relieved against ; but there is no ground for supposing that any such imposition was practiced ...
... ground of fraud . Now , there might be an actual fraud practiced on the administratrix herself , which she herself might sustain a bill to be relieved against ; but there is no ground for supposing that any such imposition was practiced ...
Seite 79
... ground that the bond was extinguished at law by the payment , and that at law the surety's demand constituted only a simple contract debt . Admitting the authority of those cases ( though the contrary was decided in the case of Hotham v ...
... ground that the bond was extinguished at law by the payment , and that at law the surety's demand constituted only a simple contract debt . Admitting the authority of those cases ( though the contrary was decided in the case of Hotham v ...
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Andere Ausgaben - Alle anzeigen
Häufige Begriffe und Wortgruppen
action administrator adverse possession agent alleged appear assignment ASSUMPSIT authority bank bill bond bound cargo cause charge circuit court cited claim common law consideration considered constitution contract conveyance conveyed corporation court of equity covenant creditor damages debt debtor declaration decree deed defendant defendant's delivered demurrer dollars entitled equity evidence execution executor facts fendant feoffment fraud fraudulent given grant ground held indictment indorser intended interest Jason Thompson joint judge judgment jurisdiction jury land liable Louisiana ment mortgage nonsuit notice objection opinion owner paid parties payment person plaintiff in error plea possession principle promissory note proof proved purchase question reason received recover rule seisin sheriff ship Smith sold statute statute of frauds statute of limitations sufficient surety sustained testator tion tort tract trespass trial trover trustees valid vendee vendor verdict vessel void warranty witness writ
Beliebte Passagen
Seite 492 - Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony.
Seite 350 - By the constitution of the United States the president is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience. To aid him in the performance of these duties he is authorized to appoint certain officers who act by his authority and in conformity with his orders.
Seite 57 - ... [B]ut when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Seite 290 - Upon a review of the cases which are reported, this court is of opinion that a letter written within a reasonable time before or after the date of a bill of exchange, describing it in terms not to be mistaken, and promising to accept it, is, if shown to the person who afterwards takes the bill on the credit of the letter, a virtual acceptance binding the person who makes the promise.
Seite 363 - But where a specific duty is assigned by law, and individual rights depend upon the performance of that duty, it seems equally clear that the individual who considers himself injured, has a right to resort to the laws of his country for a remedy.
Seite 334 - Mississippi, and the navigable waters leading into the same, shall be common highways, and forever free as well to the inhabitants of said State, as to all other citizens of the United States, without any tax, duty, impost, or toll therefor, imposed by the said State of Iowa.
Seite 528 - Mere austerity of temper, petulance of manners, rudeness of language, a want of civil attention and accommodation, even occasional sallies of passion, if they do not threaten bodily harm, do not amount to legal cruelty...
Seite 334 - And be it further enacted, That the following propositions be, and the same are hereby, offered to the convention of the eastern State of the said territory, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States : First.
Seite 738 - Courts of Equity decree the specific performance of contracts, not upon any distinction between realty and personalty, but because damages at law may not, in the particular case, afford a complete remedy.
Seite 363 - It is not by the office of the person to whom the writ is directed, but the nature of the thing to be done, that the propriety or impropriety of issuing a mandamus is to be determined.