The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 10Abraham Clark Freeman Bancroft-Whitney Company, 1890 |
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The American State Reports: Containing the Cases of General Value ..., Volume 67 Abraham Clark Freeman Visualização completa - 1899 |
The American State Reports: Containing the Cases of General Value ..., Volume 44 Abraham Clark Freeman Visualização completa - 1895 |
The American State Reports: Containing the Cases of General Value ..., Volume 43 Visualização completa - 1895 |
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action agent alleged appellant appellee applied assignment assumpsit authority bank bond cause charge cited claim co-surety common carrier common law constitution contract contributory negligence conveyance corporation court court of equity covenant creditors damages death debt deceased decree deed defendant defendant's delivered demurrer dollars duty entitled equity estopped estoppel evidence execution extradited fact fraud fraudulent held homestead husband injury instructions intention interest Iowa judgment judicial jury land lease liable marriage married ment mortgage negligence opinion owner paid party passenger payment person plaintiff in error premises principle purchaser purpose question R. R. Co railroad real estate reason received recover replevin rule set-off statute subrogated supra sureties sustained telegraph telephone tenant term testator thereof tion trial trust valid vested void Western Union wife
Passagens mais conhecidas
Página 171 - In all other cases, the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment
Página 60 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Página 526 - Executors nothing doubting but at the general Resurrection I shall receive the same again by the mighty power of God and as touching such worldly estate wherewith it hath pleased God to bless me in this Life I give...
Página 788 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Página 788 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Página 28 - All promises, notes, bills, bonds, covenants, contracts, agreements, judgments, mortgages, or other securities or conveyances, made, given, granted, drawn or entered into, or executed by any person whatsoever, where the whole, or any part of the consideration thereof, shall be for any money, property, or other valuable thing, won by any gaming, or playing at cards, dice, or any other game or games...
Página 266 - The obligation of a contract is "the law which binds the parties to perform their agreement." Sturges v. Crowninshield, 4 Wheat. 122, 197; Story, op. cit., § 1378. This Court has said that "the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This principle embraces alike those which affect its validity, construction, discharge and enforcement.
Página 432 - ... every right to, or interest in, the land which may subsist in third persons, to the diminution of the value of the land, but consistent with the passing of the fee by the conveyance...
Página 461 - ... survive the testator, such issue shall take the estate so given by the will, in the same manner...
Página 490 - A man may not take contradictory positions; and where he has a right to choose one of two modes of redress, and the two are so inconsistent that the assertion of one involves the negation or repudiation of the other, his deliberate and settled choice of one, with knowledge, or the means of knowledge of such facts as would authorize a resort to each, will preclude him thereafter from going back and electing again.