Albany Law Journal, Volumen44Weed, Parsons & Company, 1892 |
Dentro del libro
Resultados 1-5 de 82
Página 4
... given for a valuable consideration . ' The court pointed out that if the defendant sought to meet the note , not by evidence showing want of consideration , but by proving another and distinct proposition , then the burden of proving ...
... given for a valuable consideration . ' The court pointed out that if the defendant sought to meet the note , not by evidence showing want of consideration , but by proving another and distinct proposition , then the burden of proving ...
Página 5
... given evidence tending to show the actual consideration , the introduction of such evidence would have been au abandonment of the legal presumption , and hence that the failure to give such evidence made the legal presumption stronger ...
... given evidence tending to show the actual consideration , the introduction of such evidence would have been au abandonment of the legal presumption , and hence that the failure to give such evidence made the legal presumption stronger ...
Página 16
... given them by statute ; and the fact , that though the larceny was committed within the limits of a State , the stolen property was not discovered in defendant's possession until the vessel was upon Lake Michigan , will not aid their ...
... given them by statute ; and the fact , that though the larceny was committed within the limits of a State , the stolen property was not discovered in defendant's possession until the vessel was upon Lake Michigan , will not aid their ...
Página 19
... given for plaintiff in this case and the instruction given and condemned by this court in Guenther v . Railway Co. , 95 Mo. , 286 , were given by the learned Circuit judge who tried those cases upon the author- ity of the case of Kelly ...
... given for plaintiff in this case and the instruction given and condemned by this court in Guenther v . Railway Co. , 95 Mo. , 286 , were given by the learned Circuit judge who tried those cases upon the author- ity of the case of Kelly ...
Página 20
... given by the court of its own motion . The defendant was entitled under this evidence , to an in- struction on contributory negligence in accordance with the views herein expressed , and as set forth in defendant's refused instruction ...
... given by the court of its own motion . The defendant was entitled under this evidence , to an in- struction on contributory negligence in accordance with the views herein expressed , and as set forth in defendant's refused instruction ...
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Pasajes populares
Página 197 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Página 168 - No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes.
Página 111 - ... happening by chance; unexpectedly taking place; not according to the usual course of things; or not as expected;' that, if a result is such as follows from ordinary means, voluntarily employed, in a not unusual or unexpected way, it cannot be called a result effected by accidental means ; but that if, in the act which precedes the injury, something unforeseen, unexpected, unusual occurs which produces the injury, then the injury has resulted through accidental means.
Página 75 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.
Página 5 - Slaves cannot breathe in England ; * if their lungs Receive our air, that moment they are free, They touch our country, and their shackles, fall.
Página 75 - It is just and reasonable that such a contract, fairly entered into, and where there is no deceit practiced on the shipper, should be upheld. There is no violation of public policy. On the contrary, it would be unjust and unreasonable, and would be repugnant to the soundest principles of fair dealing and of the freedom of contracting, and thus in conflict with public policy, if a shipper should be allowed to reap the benefit of the contract if there is no loss, and to repudiate it in case of loss.
Página 171 - An alien may be admitted to become a citizen of the United States in the following manner, and not otherwise: "'First. He shall declare on oath before a circuit, or district court of the United States, or a district or supreme court of the Territories, or a court of record of any of the States having common-law jurisdiction, and a seal and clerk...
Página 283 - ... (1). He may store or retain the property for the vendee, and sue him for the entire purchase price. (2). He may sell the property, acting as the agent for this purpose of the vendee, and recover the difference between the contract price and the price obtained on such resale; or (3).
Página 31 - ... by which personal property was regarded as subject to the law of the owner's domicile, grew up in the Middle Ages, when movable property consisted chiefly of gold and jewels, which could be easily carried by the owner from place to place, or secreted in spots known only to himself. In modern times, since the great increase in amount and variety of personal property, not immediately connected with the person of the owner, that rule has yielded more and more to the lex situs, the law of the place...
Página 29 - No reason is perceived why, if Congress chooses to provide that certain designated subjects of interstate commerce shall be governed by a rule which divests them of that character at an earlier period of time than would otherwise be the case, it is not within its competency to do so.