Imágenes de páginas
PDF
EPUB

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.

104

[blocks in formation]

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fied him that he had rescinded the contract.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

[blocks in formation]
[blocks in formation]

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.

Ib.

A verbal agreement for the sale of lands is
void, but if possession is given under the con-

[blocks in formation]
[blocks in formation]

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.

107

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.

Cen-
370

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

Works.

558

[blocks in formation]

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

York.

256

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

COSTS.

559

[blocks in formation]
[blocks in formation]

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

[ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

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.

229

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.

239

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.

355

[blocks in formation]

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

DEEDS.

[blocks in formation]

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

DEATH.

HOMICIDE.

DEBT.

ACTION; DEBTOR AND CREDITOR.

DEBTOR AND CREDITOR.

Hatch.

248

A restriction in a deed against a livery stable,
or building designed for offensive occupation,
does not include club stable. Wurbrick v. Way.

[blocks in formation]

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

DECREE.

Appeal of
188

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

40

Deed not expressing a consideration cured by
subsequent deeds setting out the consideration.

lb.

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.

DEFENCE.

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 »