The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volumen8Bancroft-Whitney, 1886 |
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Página 80
... SURETIES . - Where an ad- ministrator allows judgment to pass against him , in an action barred by statute , his ... surety for one Josiah Bacon , the administrator of John Bacon . The defendant pleaded performance . The replication ...
... SURETIES . - Where an ad- ministrator allows judgment to pass against him , in an action barred by statute , his ... surety for one Josiah Bacon , the administrator of John Bacon . The defendant pleaded performance . The replication ...
Página 81
... sureties , or their representatives were not parties , so that they had no opportunity to defend them- selves under the statute . We are clearly of opinion , that un- der these circumstances , the executors of the surety have a right in ...
... sureties , or their representatives were not parties , so that they had no opportunity to defend them- selves under the statute . We are clearly of opinion , that un- der these circumstances , the executors of the surety have a right in ...
Página 164
... surety . PLEADING ACT OF INCORPORATION . - Where relief is sought in equity against the individual members of a corporation for their proportion of its debts , the bill must set forth the act of incorporation , making the members liable ...
... surety . PLEADING ACT OF INCORPORATION . - Where relief is sought in equity against the individual members of a corporation for their proportion of its debts , the bill must set forth the act of incorporation , making the members liable ...
Página 200
... surety , and his contract , when accepted , was literally and strictly a guaranty . " I will , " said the de- fendant , " hold myself accountable for the payment , should he not pay as you and he shall agree . " The acceptance of this ...
... surety , and his contract , when accepted , was literally and strictly a guaranty . " I will , " said the de- fendant , " hold myself accountable for the payment , should he not pay as you and he shall agree . " The acceptance of this ...
Página 202
... surety's obliging himself anew , his obligation does not subsist any longer . " I advise a new trial . The other judges were of the same opinion , except HoSMER , C. J. , who having been absent when the case was argued , gave no opinion ...
... surety's obliging himself anew , his obligation does not subsist any longer . " I advise a new trial . The other judges were of the same opinion , except HoSMER , C. J. , who having been absent when the case was argued , gave no opinion ...
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Otras ediciones - Ver todas
The American Decisions: Containing All the Cases of General Value ..., Volumen83 Vista completa - 1887 |
The American Decisions: Containing All the Cases of General Value ..., Volumen37 Vista completa - 1886 |
The American Decisions: Containing All the Cases of General Value ..., Volumen62 Vista completa - 1886 |
Términos y frases comunes
action admitted agreement appears ASSUMPSIT authority averred bank bill bill of lading chancellor charge cited claim common law consideration considered consignee construction contract conveyance corporation court of equity covenant creditor damages debt debtor decision declaration deed defendant defendant's delivered demand devise discharge doctrine dollars dower duty entitled estate-tail evidence execution executors fact failure of issue feme feme covert fraud grant grantor heirs held highways husband indorser intention interest Johns judgment jury justice land legislature liable Lord Lord Thurlow marriage Mass ment mortgage notice objection opinion overseer owner paid parties partner payable payment plaintiff plaintiff in error pleaded possession principle promise promissory note proved purchaser question reason replevin rule seised seisin settled settlement stand seised statute of limitations suit supreme court surety testator tion trespass trial trust usury Utica verdict void wife
Pasajes populares
Página 55 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature declared in its statutes, stands in opposition to that of the people declared in the constitution, the judges ought to be governed by the latter, rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Página 48 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Página 661 - In form it is a fiction : in substance, a remedy to recover the value of personal chattels wrongfully converted by another to his own use.
Página 54 - There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only...
Página 54 - ... Legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal ; that the servant is above his master ; that the Representatives of the People are superior to the People themselves ; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.
Página 251 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Página 668 - Accordingly, it would seem to be a sound rule of law, that wherever a corporation is acting within the scope of the legitimate purposes of its institution, all parol contracts made by its authorized agents, are express promises of the corporation ; and all duties imposed on them by law, and all benefits conferred at their request, raise implied promises, for the enforcement of which an action may well lie.
Página 220 - ... be liable on the warranty, because the servant was acting within the general scope of his authority, and the public cannot be supposed to be cognizant of any private conversation between the master and...
Página 331 - ... that the will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed...
Página 577 - England by adopting the treaty ; but after the best consideration which I have been able to give to the subject...