The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volumen20Bancroft-Whitney, 1877 |
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Página 9
... answer to say that the dog was left in that situation for the protection of the sleigh , and that if the child had exercised care and watchfulness , and kept at a distance from the sleigh he would not have been injured . It is idle to ...
... answer to say that the dog was left in that situation for the protection of the sleigh , and that if the child had exercised care and watchfulness , and kept at a distance from the sleigh he would not have been injured . It is idle to ...
Página 25
... answer avers that Norton Emmons was declared a bankrupt , on his petition filed February 18 , 1871 ; that on or about the 7th of January previous , being then insolvent , and acting in contemplation of such insolvency , and with a view ...
... answer avers that Norton Emmons was declared a bankrupt , on his petition filed February 18 , 1871 ; that on or about the 7th of January previous , being then insolvent , and acting in contemplation of such insolvency , and with a view ...
Página 28
... answer alleged among other things that the note was made and delivered on a Sunday , and that it was therefore void under the law of Missouri , in which State it was made and delivered . The court found as facts that the note was made ...
... answer alleged among other things that the note was made and delivered on a Sunday , and that it was therefore void under the law of Missouri , in which State it was made and delivered . The court found as facts that the note was made ...
Página 39
... answer , and from an order sustain . ing the demurrer defendant appealed . Dizon , Hooker & Palmer ( L. S. Dixon , of counsel ) , for appellant , to the point that the condition annexed to the note destroyed its negotiabil ity , and ...
... answer , and from an order sustain . ing the demurrer defendant appealed . Dizon , Hooker & Palmer ( L. S. Dixon , of counsel ) , for appellant , to the point that the condition annexed to the note destroyed its negotiabil ity , and ...
Página 41
... of the Circuit Court , sustaining the demurrer to the answer , is correct , and must be affirmed . By the Court . - Order affirmed . VOL XX . - 6 . Matter of Goodell . MATTER OF Goodell . ( 39 AUGUST TERM , 1875 . 41.
... of the Circuit Court , sustaining the demurrer to the answer , is correct , and must be affirmed . By the Court . - Order affirmed . VOL XX . - 6 . Matter of Goodell . MATTER OF Goodell . ( 39 AUGUST TERM , 1875 . 41.
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Términos y frases comunes
action affirmed agent alleged amount appear appellant appellee applied attachment Attorney-General authority bill bonds cause charge cited claim common law Constitution contract conveyance corporation counsel court of equity creditors damages debt decision declaration deed defendant defendant's delivered demurrer duty entitled equity evidence execution exemption fact Fire Insurance granted Hagerstown held highway indictment injury Insurance Company interest judge judgment jurisdiction jury jury fee jury trial justice land legislature levy liable license lien loss mortgage National Bank negligence nuisance officers opinion owner paid parties payment person plaintiff plaintiff in error premises principle promissory note property insured purchaser question reason received recover rule Smith South Society statute Stratton Mills suit supra sustained testator thereof tion town Trempealeau County trial trustee ultra vires Union Mut valid verdict void wife
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Página 755 - ... The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Página 98 - To exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt...
Página 593 - We think it is a settled principle, growing out of the nature of well-ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others, having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Página 12 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power vested in them by the constitution may think necessary and expedient.
Página 423 - Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive, in respect of such breach of contract, should be such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made...
Página 423 - Now, if the special circumstances under which the contract was actually made, were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances, so known and communicated.
Página 258 - The plaintiff sought to recover the value of such work as an item of damages, but the court held that the measure of damages was the difference between the value of the oxen at the time of the conversion and their value at the time they were retaken by the plaintiff.
Página 281 - The contract between Georgia and the purchasers was executed by the grant. A contract executed, as well as one which is executory, contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A party is, therefore, always estopped by his own grant.
Página 97 - An act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof...
Página 1 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it