A Treatise on the Limitations of Actions at Law and Suits in Equity and Admiralty: With an Appendix Containing the American and English Statutes of LimitationsLittle, Brown, and Company, 1861 - 494 páginas |
Dentro del libro
Resultados 1-5 de 100
Página 39
... promise made on the 1st of November , 1811 , and sued on the 1st of November , 1817 , was barred as not having been brought within six years . The court decided it was , and Mr. Justice Jackson , who delivered the opinion of the court ...
... promise made on the 1st of November , 1811 , and sued on the 1st of November , 1817 , was barred as not having been brought within six years . The court decided it was , and Mr. Justice Jackson , who delivered the opinion of the court ...
Página 81
... promise ; and if a promise is to be implied , it must be because there exists a legal liability , independent of any promise sufficient to sustain one . Now , the very notion of a collateral undertaking is , that there exists no legal ...
... promise ; and if a promise is to be implied , it must be because there exists a legal liability , independent of any promise sufficient to sustain one . Now , the very notion of a collateral undertaking is , that there exists no legal ...
Página 90
... promise ) , and the breach of the promise , he held , was the not indemnifying the plaintiff against the payment of the bond , and is not the non - performance of any contract to which the principal was bound by deed to the surety.2 ...
... promise ) , and the breach of the promise , he held , was the not indemnifying the plaintiff against the payment of the bond , and is not the non - performance of any contract to which the principal was bound by deed to the surety.2 ...
Página 93
... promise to pay on demand , though not in itself a note , and the statute runs from the date of the promise . Young v . Weston , 39 Me . ( 4 Heath ) , 492. But the statute does not begin to run against the holder of an ordinary bank ...
... promise to pay on demand , though not in itself a note , and the statute runs from the date of the promise . Young v . Weston , 39 Me . ( 4 Heath ) , 492. But the statute does not begin to run against the holder of an ordinary bank ...
Página 103
... Promises . § 113. While a promise is suspended by a condition , the statute does not run from the time of making it ; for no right of action ac- crues till the condition is performed , or the event stipulated for hap- pens . If A ...
... Promises . § 113. While a promise is suspended by a condition , the statute does not run from the time of making it ; for no right of action ac- crues till the condition is performed , or the event stipulated for hap- pens . If A ...
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Términos y frases comunes
acknowledgment action accrued administrator adverse possession assumpsit authority Bank Barr Penn barred begin to run bill brought cause of action cestui que trust Chief Justice cited claim commenced considered construction contract court of equity creditor Cush death debtor declaration deed defendant demand disability disseisin doctrine entitled evidence executor expiration feme covert formedon fraud Greenl heir held indorsed Jackson Johns judgment jury lapse lex loci contractus liable Lord Lord Mansfield Mass ment merchants mortgagee mortgagor opinion ouster owner paid party payment person Peters U. S. plaintiff plea pleaded the statute presumption principle promise to pay promissory note Rawle Penn recover remedy right of action right of entry rule says seisin Serg Shep Smith stat statute of limitations sued sufficient suit supra Supreme Court tenant in common testator tion twenty Watts Penn Wend writ of right
Pasajes populares
Página 298 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Página cxlix - That in actions of debt, or upon the case, grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Página xci - ... within the age of twenty-one years, feme covert, non compos mentis, imprisoned, or beyond the seas, that then such person or persons shall be at liberty to bring the same actions, so as they take the same within such times as are before limited, after their coming to or being of full age, discovert, of sane memory, at large, and returned from beyond the seas, as other persons, having no such impediment, should have done.
Página 88 - Servants, all Actions of Debt grounded upon any Lending or Contract without Specialty...
Página ciii - Action given or accrued, fallen, or come within the Age of twenty-one Years, Feme Covert, Non compos mentis, imprisoned, or beyond the Seas...
Página vi - ... within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Página xxxix - Enactments or either of them, or to deprive any Party of the Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby...
Página xvi - ... or some person through whom he claims, shall, at any time previously to the creation of the estate or estates which shall have determined, have been in possession or receipt of the profits of such land, or in receipt of such rent.
Página cl - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Página cvii - ... beyond the seas, that then such person or persons shall be at liberty to bring the same actions, so as they take the same •within such times as are before limited, after their coming to or being of full age, discovert, of sane memory, at large, and returned from beyond the seas, as other persons having no such impediment should have done (6).