Reports of Cases Argued and Determined in the Circuit Courts of the United States, Volumen1S. Whitney, 1884 - 742 páginas |
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Página 5
... paid , or that it is not justly due to somebody . Nor is it denied that these notes were duly indorsed to the plaintiff , and full value paid for them . The question presented is strictly a legal one , and involves the inquiry of the ...
... paid , or that it is not justly due to somebody . Nor is it denied that these notes were duly indorsed to the plaintiff , and full value paid for them . The question presented is strictly a legal one , and involves the inquiry of the ...
Página 14
... paid by the defendants , who deposited sufficient money with the Savings Company for that purpose , comprising a de- posit on the 30th of June , and one on the 8th of July , 1857 , as applicable to the first note , and another on the ...
... paid by the defendants , who deposited sufficient money with the Savings Company for that purpose , comprising a de- posit on the 30th of June , and one on the 8th of July , 1857 , as applicable to the first note , and another on the ...
Página 15
... paid by the defendants ' deposit of the six hundred and eighteen dollars with the Norwalk Savings Company . It is claimed by the counsel for the defendants that inasmuch as before and on the day of the maturity of the note it was in the ...
... paid by the defendants ' deposit of the six hundred and eighteen dollars with the Norwalk Savings Company . It is claimed by the counsel for the defendants that inasmuch as before and on the day of the maturity of the note it was in the ...
Página 16
... paid . Such , however , was not the proof . The evidence simply estab- lished the fact that money was deposited for the purpose of paying those two notes ; but whether it was received and applied in payment of the paper before maturity ...
... paid . Such , however , was not the proof . The evidence simply estab- lished the fact that money was deposited for the purpose of paying those two notes ; but whether it was received and applied in payment of the paper before maturity ...
Página 17
... paid . Chief Justice Abbott in that case held the general rule of law to be , that if a creditor employs an agent to receive money of a debtor , and the agent receives it , the debtor is dis- charged as against the principal ; but if ...
... paid . Chief Justice Abbott in that case held the general rule of law to be , that if a creditor employs an agent to receive money of a debtor , and the agent receives it , the debtor is dis- charged as against the principal ; but if ...
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Términos y frases comunes
act of Congress action adjudication admitted aforesaid alleged appears apply assumpsit attorney authority bank bill called cargo cause citizens claim claimants committed common law complainant considered contempt contended contract counsel court of equity creek crew debt decision declaration deed defendant discharge District of Tennessee dollars entitled entry equity evidence execution executor fact grant ground habeas corpus Hayw heirs indictment indorsed interest issued John Armstrong's John Eaton judge judgment jurisdiction jury justice land Law Rep legislature Lessee libelants North Carolina object offense opinion owner party payment person PIERPONT EDWARDS plaintiff plea Polk's Lessee port principle prisoner proceedings proved question received registered respecting rule schooner scire facias ship statute Statute of Limitations suit Supreme Court survey Tennessee Term Rep testimony Thomas Blount tion trial U. S. Circuit Court United verdict vessel void voyage warrant witness writ
Pasajes populares
Página 449 - ... be concerned in the furnishing, fitting out, or arming, of any ship or vessel with intent that such ship or vessel shall be employed in the service of any foreign prince or State, or of any colony, district, or people...
Página 634 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state.
Página 379 - that if any person or persons shall commit, upon the high seas, or in any river, haven, basin, or bay, out of the jurisdiction of any particular state...
Página 442 - Provided, that writs of habeas corpus shall in no case extend to prisoners in gaol, unless where they are in custody under or by color of the authority of the United States, or are committed for trial before some Court of the same, or are necessary to be brought into Court to testify.
Página 566 - But it would be an alarming doctrine that Congress cannot impose upon any executive officer any duty they may think proper, which is not repugnant to any rights secured and protected by the constitution; and in such cases, the duty and responsibility grow out of and are subject to the control of the law, and not to the direction of the President.
Página 39 - ... nor shall any district or circuit court have cognizance of any suit to recover the contents of any promissory note or other chose in action in favour of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Página 273 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Página 472 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him; for the law presumeth the fact to have been founded in malice, until the contrary appeareth.
Página 325 - There is not in the whole of that admirable instrument a grant of powers which does not draw after it others, not expressed, but vital to their exercise ; not substantive and independent, indeed, but auxiliary and subordinate.
Página 482 - It is not confined to ill-will towards one or more individual persons, but is intended to denote an action flowing from any wicked and corrupt motive, a thing done malo animo, where the fact has been attended with such circumstances as carry in them the plain indications of a heart regardless of social duty, and fatally bent on mischief.