The Southern Law Review, Volumen7Soule, Thomas & Wentworth, 1882 |
Dentro del libro
Resultados 1-5 de 79
Página 4
... decision being expressly placed on the usage of the trade in such cases . In a subsequent Alabama case , the court , while deciding , on the facts in the case , that the delegation was unauthorized and not binding , admitted that the ...
... decision being expressly placed on the usage of the trade in such cases . In a subsequent Alabama case , the court , while deciding , on the facts in the case , that the delegation was unauthorized and not binding , admitted that the ...
Página 19
... decision . A usage of trade may render agents and factors acting for persons resident in a foreign country personally liable on contracts made for their employers , although they fully disclose the character in which they act.2 ( 11 ...
... decision . A usage of trade may render agents and factors acting for persons resident in a foreign country personally liable on contracts made for their employers , although they fully disclose the character in which they act.2 ( 11 ...
Página 26
... decision arrived at giving to a usage an effect certainly as great as necessary . The case was an action by Morgan and Smith , the assignees of one Waler , against the Bank of North America , for refusing to permit his stock to be ...
... decision arrived at giving to a usage an effect certainly as great as necessary . The case was an action by Morgan and Smith , the assignees of one Waler , against the Bank of North America , for refusing to permit his stock to be ...
Página 27
... Decisions , ' says the point decided in Morgan v . Bank of North America has not been passed upon in any subsequent decision , but the soundness of the doctrine is not disputed . - 1 11 Am . Dec. 582 . - VI . In the Law of Sales . We ...
... Decisions , ' says the point decided in Morgan v . Bank of North America has not been passed upon in any subsequent decision , but the soundness of the doctrine is not disputed . - 1 11 Am . Dec. 582 . - VI . In the Law of Sales . We ...
Página 29
... decision of his , that where sheep were sold as stock there was an implied warranty that they were sound , proof having been given that such was the custom of the trade . ' This ruling is referred to at some length by Mr. Benjamin in ...
... decision of his , that where sheep were sold as stock there was an implied warranty that they were sound , proof having been given that such was the custom of the trade . ' This ruling is referred to at some length by Mr. Benjamin in ...
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Términos y frases comunes
action administrator agent appear applied assignment authority bill of lading bona fide purchaser bonds carrier charge claim collateral common law consignee Constitution contract conveyance corporation court of equity creditors damages debts decision decree deed defendant Dist doctrine entitled equity estoppel evidence execution executor fact Federal courts fraud fraudulent heirs held husband injury interest Iowa judge judgment July 30 jurisdiction jury land liability lien March March 23 ment mortgage mortgageor N. J. Eq N. W. Rep negligence notice Ohio owner paid party payment plaintiff possession principle Probate Court proceedings promissory note purchaser question real estate reason receiver recover rule sect sell sold statute Statute of Frauds suit Supreme Court testator tion trial trust U. S. Cir U. S. Sup usage valid vendee vendor verdict void wife
Pasajes populares
Página 213 - that the laws of the several states, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.
Página 867 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Página 868 - ... such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Página 490 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Página 785 - ... or where the decision will affect a class of cases, or furnish a precedent for the future action of any executive department in the adjustment of a class of cases, without regard to the amount involved in the particular case, or where any authority, right, privilege, or exemption is claimed or denied under the Constitution of the United States...
Página 910 - 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.
Página 785 - Aliens who are citizens or subjects of any government which accords to citizens of the United States the right to prosecute claims against such government in its courts, shall have the privilege of prosecuting claims against the United States in the Court of Claims, whereof such court, by reason of their subject matter and character, might take jurisdiction.
Página 391 - The power to regulate navigation is the power to prescribe rules in conformity with which navigation must be carried on. It extends to the persons who conduct it, as well as to the instruments used.
Página 663 - In actions of trespass, where the injury has been wanton and malicious, or gross and outrageous, courts permit juries to add to the measured compensation of the plaintiff which he would have been entitled to recover, had the injury been inflicted without design or intention, something further by way of punishment or example, which has sometimes been called "smart money.
Página 909 - The legislature shall direct by law in what manner and in what courts suits may be brought against the State.