The contract of an infant is not void but void- able, and a cause of action does not accrue until it can be enforced. Halsey v. Reid. 81
The acceptance of an order contingent on performance of work operates, when value is given, as an original undertaking, when the contingency happens. Bell v. Harrison. 103 Where a plaintiff sued on a breach of a proviso in a lease and claimed the sum which would have been procured for the good will, insisting that the increased sales of property in the neigh- borhood should inure to his benefit. Held, the agreement gave the plaintiff the value of the good will and such value should be found by persons accustomed to making such estimates, and that the premium paid should not deter- mine that value. Llewellyn v. Ruhterford.
A memorandum not made at the time of the agreement, but in consummation of a verbal agreement, is in fact and law, the actual agree- ment of the parties.-Napier v. French. 408
Where A agreed to deliver to the defendant a certain quantity of oil every month, but | failed to make his September delivery; and on tendering his October delivery defendant noti- fied him that he had rescinded the contract. | Held, that the delay in giving notice of the re- scinding of the contract was unreasonable and therefore of no avail.-Morgan v. McKee. 492
Where the plaintiff agreed to do certain work for the defendant at a stipulated price and the work was not completely performed, but on the trial a jury gave the plaintiff a verdict for the agreed price, less $100, and it was shown that the defendant offered to settle the bill if the plaintiff would deduct $100. Held, that the contract was entire and that the offer of the defendant was by way of compromise and not evidence for the jury to act upon. Homan v. Cameron. 103
A contract for the extension of a lease. Held, to be a new agreement and under the English statute of frauds necessary to be in writing. Sanderson v. Graves. 104
Under the English law, officers of corpora- tions making contracts which are acts of daily necessity, need not affix thereto their corporate seal. Wells v. Mayor &c. 106
In a building contract, where the builder has in good faith intended and has substantially complied with the agreement, although there may be slight defects caused by inadvertence or unintentional omissions, he may recover the contract price less the damages on account of such defects. Phillip v. Gallart. 105
When a contract is void, all the stipulations therein are also void. And the penalty there- under not to be enforced. Scott v. Bush. 128
Where C. sold to H. his cart and business as a butcher, and agreed not to carry on the busi- ness over the same route so long as H. should want to do so, and subsequently H. sold the cart and business to P. for $90, and C. in con- sideration of H. releasing him from his former engagement, entered into agreement with P. that he would not carry on the same business over the same route for a period of two years. Held, that there was sufficient consideration for the promise from C. to P. and that the agree- was not within the statute of frauds. Perkins v. Clay. 223
Contracts payable in confederate money, not designed in its origin to aid the insurrectionary government, are not invalid between the par- ties. Wilmington &c., R. R. Co. v. King. 274
In determining contracts so to be paid evi- dence must be received as to the value of the notes at the time and in the locality where the contracts were made. In no other way can the contracts as made by the parties be enforced.
A verbal agreement for the sale of lands is void, but if possession is given under the con-
Where the directors of a joint stock company created under a deed of settlement with au- thority to borrow on mortgage, or charge the property of the company, or on bonds, promis sory notes and &c., assigned the unpaid calls, Held, that they had no power to borrow on mortgage or charge the unpaid calls, for that was not the property of the company. They had no absolute right to the calls, and the share- holder was under no obligation to pay. Bank of South Australia v. Abrahams.
A member of a corporation is entitled to 198 the full value of his share on the dissolution
of the corporation, and if the distribution is made in his absence, without notice to him, he will be restored to his rights. Paxon v. Good Intent Fire Co. 223
The words "Not assessable" stamped across the face of a certificate of stock, do not import more at the most than that the holder will not be liable to assessment after he has paid the full amount of his subscription, and can in no event destroy the contract. Upton v. Trebilcock. 319
The authority of a general manager to bind a corporation, and the power of a corporation, with authority to make loans, to bind itself by an acceptance to pay a loan made. Hascall v. Life Association of America. 343
Stockholders or trustees of a corporation, the charter of which has expired by limitation, the business of which is continued, are not co-part- ners. By operation of R. S., §9, 3, ch. 18, vol. 2, p. 660, the directors became trustees of the prop- erty of the corporation to settle its affairs. tral Savings Institution v. Walker.
A purchaser's title to stock in an incorporated company bought in the open market, though at an inadequate price, will be maintained. Dud- ley v. Gould. 437
The N. Y. act of 1848, prescribing penalties against the trustees of a corporation for paying dividends except out of the surplus profits, con- fined the operation of that part of the Rev. Stat, to corporations other than those organized un- der the act of 1848. Excelsior Petroleum Co. v. Lacey. 486
An appraisement of the value of the stock of a stockholder objecting to the consolidation of the corporation, will not be disturbed when the evidence of the value is conflicting.
Interest will not be allowed on the value of the stock from the date of the objection to the consolidation, as the demand is the nature of an unliquidated demand. Trask v. Peekskill Plow
be inferred that the committee of the. board of In the absence of proof to the contrary it may supervisors may make a contract to repair pub- lic buildings; that they may audit the bills therefor, and that there is a fund out of which the claims can be paid. Cogan, Mayor, &c., New
A stockholder cannot, in a suit by a receiver, defend against his unpaid installments, on the ground that he was fraudulently induced into making his subscription, since the receiver re-received a warrant on the treasurer which is re- A judgment creditor of a county who had presents the interests of the creditors as well as fused payment, may have a mandamus to en- those of the parties in the corporation. Ruggles force the collection of a tax to pay such judg v. Brock. ment, and is not bound to wait and take his turn among other warrant holders. United States v. County Court of Vernon County. 378
A judge holding special term has the power to adjourn it to his chambers, and a trial there had is regular. First National Bank v. Hamil- ton. 466
The salaries of a salesman and a clerk em- The justice holding the special term of the ployed by an assignee for the benefit of credi supreme court of the District of Columbia may, tors, to sell goods in the ordinary course of the in his discretion, order any motion or suit to business, are not proper damages, for such em- be heard in the first instance at a general term.ployment is unauthorized. Carman v. Kelly. Baltimore, &c., R. R. Co. v. Trustees, &c. 518
As to officers whose duties are only partly connected with courts, see ATTORNEY AND CLIENT.
As to County Clerks see COUNTIES.
In replevin the judgment must be for the pos- session of the property, and for damages for its detention, not for a gross sum in damages. Young v. Atwood. 253
The measure of damages for the detention is As to Juries see JURIES, as to Challenges see the value for the time of the actual detention TRIAL. only. го.
The prices at which a contract has been sub- A decree directing issues to a jury by a Chan- let are not proper measures of damages on a con- cellor is appealable, for there may be no evi- tract the performance of which has been inter-dence to go to a jury. Williams v. Guest rupted. The proper measure is the difference between the actual and fair cost of the work and the contract price. Devlin v. Mayor &c. N. Y.
An inquisition as to damages for injury by the laying of the tracks of a railway company and the operation of the road bear a strong analogy in many respects to the report or award of referees appointed under a rule of court, to whom is referred a pending action. When the report is filed in court the losing party may file objections in writing to the confirmation of the report and may introduce evidence in support of the objections, and it is well-settled law that the ruling of the court in overruling such objections is the proper subject of a bill of ex- ceptions. Baltimore &c. R. R. Co. v. Trustees 518
Where a proviso in a deed applied to a grant- and was not restricted to the covenant of war- ranty. Held, that the erection within a reason- able time, and the maintenance of another mill Damages to land taken for public purposes similar to the mill destroyed, would have been must be determined in this way: First, the value a compliance with the terms of condition or of the land taken for any purpose for which it proviso of the deed, but a failure so to do en- could be used; Second, the consequential dam-titled the grantor to a writ of entry. Reed v. age to the whole land as a distinct parcel. Matter of New York Cent. &c. R. R. Co. 532
ACTION; DEBTOR AND CREDITOR.
A restriction in a deed against a livery stable, or building designed for offensive occupation, does not include club stable. Wurbrick v. Way.
Want of certificate of knowledge that the grantors were known to the acknowledging officer. Title under such a deed, how only 456
A creditor who accepts a judgment to trus-affected. Freyer v. Rockefeller. tees for the benefit of all the creditors must take his remedy under the judgment. Lebanon National Bank
Effect of a decree where defendant knew his rights, or could ascertain them. Decree con- clusive on issues involved, and on parties where all their rights were known. Smith v. Nelson
Deed not expressing a consideration cured by subsequent deeds setting out the consideration.
Assignment of mortgage may be made by delivery, it need not be of record. Ib.
A purchaser is estopped by executing an in- strument acknowledging the assignments. lb.
It is premature and error to decree sale of real To an action on a bond of indemnity when estate until the liens and their priorities are as- the obligee is not liable in original suit. Chapin certained. Moran v. Brent 152 v. Thompson. 83
« AnteriorContinuar » |