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action affirmed agent alleged amended amount answer Appeals apply authority Bank brought cause charge claimed Cleveland Code common pleas court condition construction contract corporation counsel County Appeals County Circuit court crossing death defendant in error determined direct duty effect election entered evidence exceptions facts filed follows further give given grant ground held husband injury instruction Insurance intention interest issue Jones judge judgment jury land limited means motion N. E. Rep necessary negligence Ohio St operation opinion paid parties passed payment person petition plaintiff in error proceeding question railroad Railway reason received record reference refused result reversed rule says Smith statute street sustained taken testimony tion track train trial trust verdict wife witness
Seite 217 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Seite 288 - An order affecting a substantial right in an action, when such order in effect determines the action and prevents a judgment, and an order affecting a substantial right made in a special proceeding, or upon a summary application in an action after judgment, is a final order which may be vacated, modified or reversed, as provided in this title.
Seite 445 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be indorsed hereon or added hereto^ and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Seite 489 - ... and to have a copy thereof, to meet the witnesses face to face, and to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
Seite 220 - If, with the consent of this company, an interest under this policy shall exist in favor of a mortgagee or of any person or corporation having an interest in the subject of insurance other than the interest of the insured as described herein, the conditions hereinbefore contained shall apply in the manner expressed in such provisions and conditions of insurance relating to such interest as shall be written upon, attached, or appended hereto.
Seite 445 - ... no officer, agent or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Seite 216 - Every holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Seite 410 - In the case just cited the supreme court, in reversing the judgment of both lower courts, held that the petition failed to state a cause of action and that the court erred in refusing to direct a verdict for the defendant below.
Seite 632 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.