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, Volumen2Bancroft-Whitney, 1886 |
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Resultados 1-5 de 79
Página 70
... matter of fact which the plaintiff seeks to discover in the bill , the bill must be dismissed , as the denial leaves the court no jurisdiction : 1 Story Eq . sec . 74 ; Russell v . Clark , 7 Cranch . 69 ; Robinson v . Gilbreth , 4 Bibb ...
... matter of fact which the plaintiff seeks to discover in the bill , the bill must be dismissed , as the denial leaves the court no jurisdiction : 1 Story Eq . sec . 74 ; Russell v . Clark , 7 Cranch . 69 ; Robinson v . Gilbreth , 4 Bibb ...
Página 78
... matter which is merely an opinion , probability or expectation , and as to which men may honestly differ , cannot give a right of action for fraud or deceit . In this respect one man's observation and intelligence are as good as another ...
... matter which is merely an opinion , probability or expectation , and as to which men may honestly differ , cannot give a right of action for fraud or deceit . In this respect one man's observation and intelligence are as good as another ...
Página 80
... matter of opinion , a vendor will not , therefore , be held liable for a fraud when he misrepresents the land as containing a certain number of acres . In Gordon v . Parmelee , 2 Allen , 212 80 [ Conn . BOSTWICK V. LEWIS .
... matter of opinion , a vendor will not , therefore , be held liable for a fraud when he misrepresents the land as containing a certain number of acres . In Gordon v . Parmelee , 2 Allen , 212 80 [ Conn . BOSTWICK V. LEWIS .
Página 81
... matter of opinion and came within the maxim of the civil law simplex commendatio non obligat , while as to the latter the defend- ants had the means of ascertaining the precise quantity of land contained within the boundaries . To the ...
... matter of opinion and came within the maxim of the civil law simplex commendatio non obligat , while as to the latter the defend- ants had the means of ascertaining the precise quantity of land contained within the boundaries . To the ...
Página 97
... matter of fact , de- pending upon all the circumstances of the case ; the question of law cannot arise till all these circumstances appear : 1 T. R. 167 . They contended further that Blakeslee was under no obligation to execute or ...
... matter of fact , de- pending upon all the circumstances of the case ; the question of law cannot arise till all these circumstances appear : 1 T. R. 167 . They contended further that Blakeslee was under no obligation to execute or ...
Otras ediciones - Ver todas
The American Decisions: Containing All the Cases of General Value ..., Volumen83 Vista completa - 1887 |
The American Decisions: Containing All the Cases of General Value ..., Volumen37 Vista completa - 1886 |
The American Decisions: Containing All the Cases of General Value ..., Volumen62 Vista completa - 1886 |
Términos y frases comunes
acres action admitted affirmed agent agreement alleged appear appellants appellee assignment assumpsit authority award barratry bill bond cargo cause chancery charge Charles Grigsby cited claim common law consideration considered contended contract conveyance counsel court court of chancery court of equity covenant creditors damages debt decision declaration decree deed defendant defendant's Demarara dollars entitled equity error evidence execution executors facts fraud fraudulent freight ground heirs held Henry Hill hundred indictment indorser insured intention interest Joseph Hill judgment jurisdiction jury justice land liable matter ment mesne profits mills mortgage notice opinion paid parol parties payment perjury person plaintiff plaintiff in error plea pleaded port possession pounds principle promise promissory note prove purchase question reason recover rule says ship sold statute statute of frauds surety testator testimony tion tract trial trust usury verdict vessel voyage warranty witness words
Pasajes populares
Página 40 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Página 422 - the objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant.
Página 458 - ... or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Página 83 - And as touching such worldly estate as it hath pleased God to bless me with in this life I give, devise, and dispose of the same in the following manner and form.
Página 421 - Every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself does not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute.
Página 340 - That the maintaining of these actions upon such notes, were innovations upon the rules of the common law; and that it amounted to the setting up a new sort of specialty unknown to the common law, and invented in Lombard street, which attempted in these matters of bills of exchange to give laws to Westminster Hall.
Página 518 - ... that a principal may be charged upon a written parol executory contract entered into by an agent in his own name, within his authority, although the name of the principal does not appear in the instrument, and was not disclosed, and the party dealing with the agent supposed that he was acting for himself, and this doctrine obtains as well in respect to contracts which are required to be in writing as to those where a writing is not essential to their validity.
Página 521 - ... that no person or persons shall at any time hereafter make any entry into any lands, tenements, or hereditaments, but within twenty years next after his or their right or title, which shall hereafter first descend or accrue to the same; and in default thereof, such persons so not entering, and their heirs, shall be utterly' excluded and disabled from such entry after to be made, any former law or statute to the contrary notwithstanding.
Página 458 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Página 163 - The true test of a commercial usage is, its having existed a sufficient length of time to have become generally known, and to warrant a presumption that contracts are made in reference to it.