The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volumen45Bancroft-Whitney, 1884 |
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Página 2
... parties agree that " the measure of damages is the value of the thing converted at the time of conver- sion . " .. Defendant's counsel cites the case of Weymouth v . Chicago & N. W. R'y Co. , deciding that where wood was piled on ...
... parties agree that " the measure of damages is the value of the thing converted at the time of conver- sion . " .. Defendant's counsel cites the case of Weymouth v . Chicago & N. W. R'y Co. , deciding that where wood was piled on ...
Página 52
... parties saw fit to specify in writing what it was to which they agreed , and no extrinsic understanding at the time could be admitted . The case is the simple one of a suit against the manufacturer for damages , because an article made ...
... parties saw fit to specify in writing what it was to which they agreed , and no extrinsic understanding at the time could be admitted . The case is the simple one of a suit against the manufacturer for damages , because an article made ...
Página 60
... parties provide that the promisor is to be sat- isfied , or to that effect , are of two classes ; and whether the partic ular case at any time falls within the one or the other must depend on the special circumstances and the question ...
... parties provide that the promisor is to be sat- isfied , or to that effect , are of two classes ; and whether the partic ular case at any time falls within the one or the other must depend on the special circumstances and the question ...
Página 76
... parties are bound in respect to all contracts . When there was a deliberate purpose to mislead and deceive the intended husband , and to deprive him of the marital rights as de- fined by the law , of the invalidity of the transaction ...
... parties are bound in respect to all contracts . When there was a deliberate purpose to mislead and deceive the intended husband , and to deprive him of the marital rights as de- fined by the law , of the invalidity of the transaction ...
Página 83
... parties not sustaining any relation of con- fidence . If , however , the assignment is champertous , or if founded on the consideration of maintaining or defending suits at law , it is void , and no court will lend its aid to its ...
... parties not sustaining any relation of con- fidence . If , however , the assignment is champertous , or if founded on the consideration of maintaining or defending suits at law , it is void , and no court will lend its aid to its ...
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Términos y frases comunes
affirmed agent alleged amount appellant appellee applied attorney authority Bank bill bond cause of action charge cited claim common carrier common law consideration Constitution constructive notice contract corporation counsel creditor damages debt debtor declaration deed defendant defendant's delivered discharge doctrine duty E. R. Co effect entitled evidence ex post facto executed facts fourteenth amendment fraud held highway husband injury intention Iowa judge judgment jurisdiction juror jury Justice land liable Mass ment Merrick County mortgage negligence offense opinion owner paid parties payment Penn person plaintiff in error possession principle purchaser purpose question Railroad Company reason received recover rendered revoked rule Smith statute statute of frauds supra Supreme Court surety sustained telegraph company testator tion trial Tualatin river usury verdict void wife witness words
Pasajes populares
Página 654 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Página 574 - That, in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation...
Página 538 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Página 218 - Neither the credit nor the money of the State shall be given or loaned to or in aid of any association, corporation or private undertaking. This section shall not, however, prevent the Legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper. Nor shall it apply to any fund or property now held, or...
Página 253 - States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
Página 521 - ... or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff. So if the plaintiff and defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter would then have the advantage of it; for where both are equally in fault, potior est conditio dcfendentis.
Página 256 - That no citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State, on account of race, color, or previous condition of servitude ; and any officer or other person charged with any duty in the selection or summoning of jurors...
Página 654 - The mode of putting the latter part of the question to the jury on these occasions has generally been, whether the accused, at the time of doing the act, knew the difference between right and wrong...
Página 400 - There may be an unseen ligament pressing on the mind, drawing it to consequences which it sees, but cannot avoid, and placing it under a coercion, which, while its results are clearly perceived, is incapable of resistance. The doctrine which acknowledges this mania is dangerous in its relations, and can be recognized only in the clearest cases. It ought to be shown to have been habitual, or at least to have evinced itself in more than a single instance.
Página 753 - ... and also every such note payable to any person or persons, body politic and corporate, his, her or their order, shall be assignable or indorsable over, in the same manner as inland bills of exchange are or may be, according to the custom of merchants...