A Selection of Leading Cases Upon Commercial Law Decided by the Supreme Court of the United States, Volumen725D. Appleton, 1847 - 500 páginas |
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Resultados 1-5 de 82
Página 2
... promise and agree , to and with the said Samuel Dexter and his successors , that he , the said Samuel Dex- ter and his successors , shall and may peaceably and quietly have , hold , use , occupy , possess and enjoy the above demised ...
... promise and agree , to and with the said Samuel Dexter and his successors , that he , the said Samuel Dex- ter and his successors , shall and may peaceably and quietly have , hold , use , occupy , possess and enjoy the above demised ...
Página 23
... promise , and removes the objection taken on that ground . It is not necessary to show that profit would inevitably accrue to the bank ; it is enough that a reasonable expectation exists that such will be the result . - S . P. Bank of ...
... promise , and removes the objection taken on that ground . It is not necessary to show that profit would inevitably accrue to the bank ; it is enough that a reasonable expectation exists that such will be the result . - S . P. Bank of ...
Página 35
... of the agent , to retain , and make his omission so to retain , an ingredient in the gravamen or breach of duty , whence his liability and his promise are implied by the law . Elliott vs. Swartwout . The language of the Court , AGENCY . 35.
... of the agent , to retain , and make his omission so to retain , an ingredient in the gravamen or breach of duty , whence his liability and his promise are implied by the law . Elliott vs. Swartwout . The language of the Court , AGENCY . 35.
Página 37
... promise from the latter to the former can be implied ; for if such implication be excluded from the relation between the parties by positive law , or by inevitable legal intendment , every foundation for the promise and of the action ...
... promise from the latter to the former can be implied ; for if such implication be excluded from the relation between the parties by positive law , or by inevitable legal intendment , every foundation for the promise and of the action ...
Página 38
... promise raised by law , only where an obligation to undertake or promise exists ; and that , therefore , the action for money had and received could not in this case be maintained , but was barred by the Act of Congress of 1839 ...
... promise raised by law , only where an obligation to undertake or promise exists ; and that , therefore , the action for money had and received could not in this case be maintained , but was barred by the Act of Congress of 1839 ...
Términos y frases comunes
acceptance acceptor action admitted agent agreement amount apply assignment assumpsit authority averment Bank of Alexandria Bank of Columbia bankrupt bill of exchange Binney Buckholts Chief Justice Circuit Court circumstances common law considered constitution contract corporation court of equity creditors D'Wolf debt debtor decided decision declaration deed defendant delivered the opinion demand of payment discharge discounted dishonor doctrine dollars drawer duty endorser entitled evidence executed fact firm fraud given guarantee held holder insolvent instruction intended interest John judge judgment jury law merchant letter liability Lord Lord Ellenborough Lord Mansfield maker ment non-payment notary paid parties partner partnership payable person Peters plaintiff in error plea present principle promise promissory note protest proved purchase question reason received recover remedy rule statute statute of frauds sufficient suit thereof tion transaction United usage usury valid void Winship
Pasajes populares
Página 227 - 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 141 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Página 143 - It must dwell in the place of its creation, and cannot migrate to another sovereignty. But although it must live and have its being in that State only, yet it does not by any means follow that its existence there will not be recognized in other places; and its residence in one State creates no insuperable objection to its power of contracting in another.
Página 228 - In the ordinary use of language, it will hardly be contended that the decisions of courts constitute laws. They are, at most, only evidence of what the laws are, and are not of themselves laws.
Página 91 - ... obligation shall be void and of no effect, otherwise to remain in full force and virtue.
Página 420 - The distinction between the obligation of a contract, and the remedy given by the legislature to enforce that obligation, has been taken at the bar, and exists in the nature of things. Without impairing the obligation of the contract, the remedy may certainly be modified, as the wisdom of the nation shall direct.
Página 396 - Mr. Chief Justice MARSHALL delivered the opinion of the Court, and, after stating the case, proceeded as follows: The...
Página 394 - I understand the rule, as now clearly settled, to be, that where the contract grows immediately out of and is connected with an illegal or immoral act, a court of justice will not lend its aid to enforce it.
Página 227 - But, admitting the doctrine to be fully settled in New York, it remains to be considered whether it is obligatory upon this court, if it differs from the principles established in the general commercial law. It is observable that the courts of New York do not found their decisions upon this point upon any local statute, or positive, fixed, or ancient local usage ; but they deduce the doctrine from the general principles of commercial law.
Página 442 - Whatever belongs merely to the remedy may be altered according to the will of the State, provided the alteration does not impair the obligation of the contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the constitution.