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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Página vi
... question ; and it will also be seen that the original syllabus entirely omits a very important point , viz .: what ... questions arose ; and the principles of our 1 law of marine insurance were then established by elaborate and vi PREFACE .
... question ; and it will also be seen that the original syllabus entirely omits a very important point , viz .: what ... questions arose ; and the principles of our 1 law of marine insurance were then established by elaborate and vi PREFACE .
Página 8
... question is , whether , under the statutes , the appellants are entitled to a portion of the estate of the testator , as though he had died intestate . This question depends upon the construction of the statutes on this subject , as ...
... question is , whether , under the statutes , the appellants are entitled to a portion of the estate of the testator , as though he had died intestate . This question depends upon the construction of the statutes on this subject , as ...
Página 15
... question - a question in which the whole nation was interested - a momentous concern , not of individuals only , but of the public - provided the means of obtaining evidence . A judge was authorized to take it , and the plaintiff in ...
... question - a question in which the whole nation was interested - a momentous concern , not of individuals only , but of the public - provided the means of obtaining evidence . A judge was authorized to take it , and the plaintiff in ...
Página 29
... question of the extent of the sum for which judgment may be entered . This court , especially in a case where a surety may be affected , cannot exceed the ex- press contract of the parties and the legal effect of it . At the common law ...
... question of the extent of the sum for which judgment may be entered . This court , especially in a case where a surety may be affected , cannot exceed the ex- press contract of the parties and the legal effect of it . At the common law ...
Página 30
... question is whether the excess , beyond the penalty , can be re- covered in the name of damages . And I am of opinion that it cannot . Were the action solely against Clap , the principal , the question in equity , and as I conceive , in ...
... question is whether the excess , beyond the penalty , can be re- covered in the name of damages . And I am of opinion that it cannot . Were the action solely against Clap , the principal , the question in equity , and as I conceive , in ...
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.