The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" and the "American Reports" Decided in the Courts of Last Resort of the Several States, Volumen94Abraham Clark Freeman Bancroft-Whitney, 1903 |
Dentro del libro
Resultados 1-5 de 100
Página 27
... principle applies in the case at bar . In nearly all the cases relied on for appellants the party on whom the check was drawn had received some notice of counter- mand or objection to the validity of the check , and had refused to pay ...
... principle applies in the case at bar . In nearly all the cases relied on for appellants the party on whom the check was drawn had received some notice of counter- mand or objection to the validity of the check , and had refused to pay ...
Página 33
... principle appears to be firmly established that a bill of exchange does not of itself give to the holder , either at law or in equity , a lien upon the funds of the creditor in the hands of the debtor until after acceptance by the ...
... principle appears to be firmly established that a bill of exchange does not of itself give to the holder , either at law or in equity , a lien upon the funds of the creditor in the hands of the debtor until after acceptance by the ...
Página 36
... principle already stated , as to the effect of a check , was reaffirmed on the au- thority of the courts of that and other states , and the cases were quite fully reviewed . In Duncan v . Berlin , 60 N. Y. 151 , it was held that where ...
... principle already stated , as to the effect of a check , was reaffirmed on the au- thority of the courts of that and other states , and the cases were quite fully reviewed . In Duncan v . Berlin , 60 N. Y. 151 , it was held that where ...
Página 37
... principle as well as by weight of authority , that the court erred in directing the bank to pay the Virgin & Co. and Shea- for checks to the holder . 2. Respondent makes the point that the variance in the name of Welsh is fatal to the ...
... principle as well as by weight of authority , that the court erred in directing the bank to pay the Virgin & Co. and Shea- for checks to the holder . 2. Respondent makes the point that the variance in the name of Welsh is fatal to the ...
Página 41
... principle that in equity " the as- signment of a demand entitles the assignee to every remedy , lien , or security that could have been used , or made available by the assignor as a means of indemnity or payment " ( 2 White & Tudor's ...
... principle that in equity " the as- signment of a demand entitles the assignee to every remedy , lien , or security that could have been used , or made available by the assignor as a means of indemnity or payment " ( 2 White & Tudor's ...
Otras ediciones - Ver todas
The American State Reports: Containing the Cases of General Value ..., Volumen43 Vista completa - 1895 |
Términos y frases comunes
action agent agreement alleged amount appellant appellee apply assessment assignment authority bailment Bank bill cause cause of action charge cited claim common law constitution contract contributory negligence corporation court of equity creditors damages deceased declarations decree deed defendant defendant's dollars drawee duty effect employés entitled equity error evidence execution exempt fact filed fourteenth amendment fraud garnishee held indorsement injury insured interest Iowa judgment jurisdiction jury justice land lease liable lien Mass ment Mineral county Minn monographic note mortgage negligence owner paid parties payment person plaintiff plaintiff in error possession proceedings purchase question railroad company reason received recover rule statute statute of limitations suit sustained testator thereof tion trial trust void witness Zachmann
Pasajes populares
Página 327 - The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized.
Página 948 - The rolling stock, and all other movable property belonging to any railroad company or corporation in this State, shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals, and the General Assembly shall pass no law exempting any such property from execution and sale.
Página 817 - Every one is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself.
Página 329 - Breaking into a house and opening boxes and drawers are circumstances of aggravation ; but any forcible and compulsory extortion of a man's own testimony, or of his private papers to be used as evidence to convict him of crime, or to forfeit his goods, is within the condemnation of that judgment. In this regard the fourth and fifth amendments run almost into each other.
Página 825 - ... the fairest and most just construction of the Constitution in all its parts. In our opinion such a construction of the Constitution leads to the conclusion that no State has the right to lay a tax on interstate commerce in any form, whether by way of duties laid on the transportation of the subjects of that commerce, or on the receipts derived from that transportation, or on the occupation or business of carrying it on, and the reason is that such taxation is a burden on that commerce, and amounts...
Página 329 - They reach farther than the concrete form of the case then before the court, with its adventitious circumstances; they apply to all invasions on the part of the government and its employes of the sanctity of a man's home and the privacies of life. It is not the breaking of his doors, and the rummaging of his drawers, that constitutes the essence of the offense; but it is the invasion of his indefeasible right of personal security, personal liberty, and private property...
Página 615 - State of its property, without due process of law within the meaning of the Fourteenth Amendment of the Constitution of the United States, nor take away from the corporation the equal protection of the laws.
Página 682 - According to the official plat of the survey of the said Lands, returned to the General Land Office by the SURVEYOR GENERAL, which said tract has been purchased by the said DAVID McGEE.
Página 328 - Every man of an immense crowded audience appeared to me to go away as I did, ready to take arms against writs of assistance. Then and there was the first scene of the first act of opposition to the arbitrary claims of Great Britain. Then and there the child Independence was born.
Página 121 - On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and...