Cases Argued and Decided in the Supreme Court of Mississippi ..., Volumen31

E.W. Stephens Publishing Company, 1858

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Página 197 - In every such case the principal holds out his agent as competent and fit to be trusted, and thereby, in effect, he warrants his fidelity and good conduct in all matters within the scope of his agency.
Página 196 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence. And whether the consideration for such transportation be pecuniary or otherwise, the personal safety of the passengers should not be left to the sport of chance, or the negligence of careless agents. Any negligence, in such cases, may well deserve the epithet of
Página 76 - Court binds only the parties to the suit ; but he who purchases during the pendency of the suit is bound by the decree that may be made against the person from whom he derives title. The litigating parties are exempted from the necessity of taking any notice of a title so acquired. As to them, it is as if no such title existed...
Página 221 - ... shall be allowed the benefit of all payments, discounts, and set-offs, made, had, or possessed against the same" (ie against the bonds) "previous to notice of assignment, in the same manner as if the same had been sued and prosecuted by the obligee therein.
Página 230 - Whereas it hath been held, that notes in writing signed by the party who makes the same, whereby such party promises to pay unto any other person, or his order, any sum of money therein mentioned, are not assignable or indorsable over, within the custom of merchants, to any other person...
Página 226 - It may therefore be laid down as a safe rule that where an instrument is by the custom of trade transferable, like cash, by delivery, and is also capable of being sued upon by the person holding it pro tempore, then it is entitled to the name of a negotiable instrument, and the property in it passes to a bond, fide transferee for value, though the transfer may not have taken place in market overt...
Página 176 - This is an action of trespass brought by the defendant in error, against the plaintiff in error, to recover the value of certain property taken by him, in the province of Chihuahua during the late war with Mexico.
Página 488 - This court cannot grant a new trial, unless the judgment of the court below, overruling the motion for a new trial, be excepted to.
Página 368 - ... upon the ground of the interest of the declarants in the person from whom the descent is made out, and their consequent interest in knowing the connections of the family. The rule of admission is therefore restricted to the declarations of deceased persons, who were related by blood or marriage to the person, and therefore interested in the succession in question...
Página 229 - We have shaken off the last remnant of the contrary doctrine. Where the bill has passed to the plaintiff', without any proof of bad faith in him, there is no objection to his title.

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