Reports of Cases Argued and Determined in Ohio Courts of Record Except Supreme and Circuit...v. 1-31, Volumen21Laning printing Company, 1912 |
Dentro del libro
Resultados 1-5 de 95
Página 45
... equity sometimes engrafts a trust ex maleficio upon the title or possession of property obtained by wrongful or fraudu- lent means , but only where the title or possession is consistent with the existence and continuance of a trust ...
... equity sometimes engrafts a trust ex maleficio upon the title or possession of property obtained by wrongful or fraudu- lent means , but only where the title or possession is consistent with the existence and continuance of a trust ...
Página 48
... Equity recognizes the presumption arising from casual , arbitrary or other conditions , but as presumptions only . Equity ignores the mere form in which transactions may be cast and looks only to the substance and effect . In equity the ...
... Equity recognizes the presumption arising from casual , arbitrary or other conditions , but as presumptions only . Equity ignores the mere form in which transactions may be cast and looks only to the substance and effect . In equity the ...
Página 49
... Equity permits of no arbitrary rules , except when a statute intervenes . There are cases in which honest trustees have suffered in dealing with dishonest bene- ficiaries . Equity examines the real facts as to such cases , and sustains ...
... Equity permits of no arbitrary rules , except when a statute intervenes . There are cases in which honest trustees have suffered in dealing with dishonest bene- ficiaries . Equity examines the real facts as to such cases , and sustains ...
Página 50
... Equity Secs . 234 , 235 ; Adams , Equity 184 ; 14 Am . & Eng . Enc . Law ( 2 ed . ) p . 194 ; 15 Am . & Eng . Enc . Law ( 2 ed . ) p . 86 ; Berkmeyer v . Kellerman , supra ; Piatt v . Longworth , supra ; Kiddle v . Roll , 24 Ohio St ...
... Equity Secs . 234 , 235 ; Adams , Equity 184 ; 14 Am . & Eng . Enc . Law ( 2 ed . ) p . 194 ; 15 Am . & Eng . Enc . Law ( 2 ed . ) p . 86 ; Berkmeyer v . Kellerman , supra ; Piatt v . Longworth , supra ; Kiddle v . Roll , 24 Ohio St ...
Página 52
... equity in the examination of the fairness of transactions be- tween persons between whom any influence of confidential re- lations exist . Such influence is considered as a species of fraud . There must be a complete discovery of both ...
... equity in the examination of the fairness of transactions be- tween persons between whom any influence of confidential re- lations exist . Such influence is considered as a species of fraud . There must be a complete discovery of both ...
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Términos y frases comunes
affidavit agreement alleged amended appears apply attorney authority avers bond cause of action certificate charge Cincinnati Circ circuit court cited claim Cleveland Code common law constitution construction contract corporation council counsel court of equity creditors Cuyahoga Common Pleas decision defendant demurrer determine duty evidence fact fee simple filed Franklin Common Pleas fund grand jury Hamilton Common Pleas Hamilton county held Hocking Valley Railway indictment injunction issue judge judgment jurisdiction justice land legislature liability matter mayor ment motion municipal N. E. Rep necessary Ohio St opinion option laws ordinance overruled owner parties payment person petition plaintiff in error pleading probate court proceedings prosecution purpose question railroad company Railway real estate reason received rule statute streets supra Supreme Court sureties Syllabus approved Telephone therein thereof tion trust violation
Pasajes populares
Página 761 - A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face; (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; (3) That he took it in good faith and for value; (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Página 474 - The true distinction, therefore, is, between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring an authority or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.
Página 130 - ... shall be fined not more than two hundred dollars or imprisoned not more than one year, or both...
Página 761 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were nonnegotiable.
Página 761 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Página 114 - Any corporation, society, order or voluntary association, without capital stock, organized and carried on solely for the mutual benefit of its members and their beneficiaries, and not for profit, and having a lodge system with ritualistic form of work and representative form of government, and which shall make provision for the payment of benefits in accordance with section 5 hereof, is hereby declared to be a Fraternal Benefit Society.
Página 153 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Página 537 - ... amongst other things, in substance and to the effect following, that is to say: that he, said George B.
Página 153 - ... may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence was slight and that of the employer was...
Página 246 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.