The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volúmenes47-48Weed, Parsons, 1898 |
Dentro del libro
Resultados 1-5 de 84
Página 3
... effect in producing a different interpretation of the will from that reached by the circuit judge . * * * If the trust claimed to be declared by the testatrix had been a private trust there could have been no doubt whatever as to its ...
... effect in producing a different interpretation of the will from that reached by the circuit judge . * * * If the trust claimed to be declared by the testatrix had been a private trust there could have been no doubt whatever as to its ...
Página 24
... effect or impera- tive reasons for so doing . If in view of the opinions already quoted , the question is to be regarded as an 6 open one in this State , we see no good reason why it should not be decided in accordance with the ...
... effect or impera- tive reasons for so doing . If in view of the opinions already quoted , the question is to be regarded as an 6 open one in this State , we see no good reason why it should not be decided in accordance with the ...
Página 36
... effect he warrants his fidel- ity and good conduct in all matters within the scope of his agency . " The rule is also well stated in 1 Amer . & Eng . Enc . Law , at page 410 , in these words : " A prin- cipal is liable to third parties ...
... effect he warrants his fidel- ity and good conduct in all matters within the scope of his agency . " The rule is also well stated in 1 Amer . & Eng . Enc . Law , at page 410 , in these words : " A prin- cipal is liable to third parties ...
Página 38
... effect would be " to contradict the will , or to show that the testator's intention was different from that expressed by the will . " In Ehrman v . Hoskins , 67 Miss . 192 , it was sought to show by the scrivener the intention of the ...
... effect would be " to contradict the will , or to show that the testator's intention was different from that expressed by the will . " In Ehrman v . Hoskins , 67 Miss . 192 , it was sought to show by the scrivener the intention of the ...
Página 43
... effect intended , if that can be discovered and is reconcilable with the main purpose of the parties . Whatever may have been the earlier doctrine , it is now thoroughly settled that technical rules of con- struction are not favored ...
... effect intended , if that can be discovered and is reconcilable with the main purpose of the parties . Whatever may have been the earlier doctrine , it is now thoroughly settled that technical rules of con- struction are not favored ...
Otras ediciones - Ver todas
The Albany Law Journal: A Monthly Record of the Law and the ..., Volúmenes51-52 Vista completa - 1895 |
Términos y frases comunes
action affirmed agent Albany amended amount apply authority bank Bar Association bill bonds chapter charge cited Civil Procedure claim Code common carrier common law Constitution contract corporation counsel Court of Appeals court of equity creditor damages debt decision decree nisi defendant defendant's duty easement election elevated railway eminent domain entitled equity evidence execution fact Gallatin county grant gulden held highway husband indorsement injunction injury intended interest issue judge judgment jurisdiction jury justice lake land Law Journal lawyers Legislature liable marriage ment mortgage N. Y. Supp navigable waters negligence opinion owner paid parties payment person plaintiff proceedings purpose question Railroad Co railroad company railway reason recover riparian riparian rights rule statute street suit supra Supreme Court testator thereof tion trespass trial trust valid wife York
Pasajes populares
Página 168 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Página 234 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Página 112 - that the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a State, except in cases, where such injunction may be authorized by any law relating to proceedings in bankruptcy.
Página 127 - It is a title held in trust for the people of the State that they may enjoy the navigation of the waters, carry on commerce over them, and have liberty of fishing therein freed from the obstruction or interference of private parties.
Página 86 - The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail — its roof may shake — the wind may blow through it — the storm may enter — the rain may enter — but the King of England cannot enter ! — all his force dares not cross the threshold of the ruined tenement!
Página 235 - States, and the decision is in favor of their validity; or where any title, right, privilege, or immunity is claimed under the Constitution, or any treaty, or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or immunity specially set up or claimed, by either party, under such Constitution, treaty, statute, commission, or authority, may be re-examined and reversed or affirmed in the Supreme Court upon a writ of...
Página 259 - That any telegraph company now organized, or which may hereafter be organized under the laws of any State in this Union, shall have the right to construct, maintain, and operate lines of telegraph through and over any portion of the public domain of the United States...
Página 287 - It has long been settled, that in commercial transactions extrinsic evidence of custom and usage is admissible to annex incidents to written contracts in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life in which known usages have been established and prevailed. And this has been done upon the principle of presumption, that in such transactions the parties did not mean to express in writing the whole of the contract by which...
Página 35 - ... for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances, or misfeasances, and omissions of duty, of his agent in the course of his employment, although the principal did not authorize, or justify, or participate in, or indeed know of such misconduct, or even if he forbade the acts or disapproved of them.
Página 183 - To do this, there must have been some wilful misconduct, or that entire want of care which would raise the presumption of a conscious indifference to consequences.