The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volume 41Bancroft-Whitney, 1883 |
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The American Reports: Containing All Decisions of General Interest ..., Volume 2 Isaac Grant Thompson Visualização completa - 1871 |
The American Reports: Containing All Decisions of General Interest ..., Volume 6 Isaac Grant Thompson Visualização completa - 1872 |
The American Reports: Containing All Decisions of General ..., Volume 48 Isaac Grant Thompson Visualização completa - 1885 |
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action agent agreement alleged Allen amount appellant appellee authority Bank breach carrier cause charge cited claim common carrier common law complaint consideration contract conveyance corporation counsel court of equity Crawfordsville creditors damages debt decision deed defendant had judgment defendant's demurrer doctrine duty entitled equity evidence execution fact fraud held indictment indorsed injury intent Iowa judge Judgment affirmed jury justice land liable lien Mass ment mill Milwaukee & St mortgage negligence offense Ohio St Old Colony Railroad opinion owner parties passenger payment Penn person plaintiff had judgment plaintiff in error principle promise promissory note purchaser purpose question Railroad Company Railway Company reason received recover reversed rule servant Silas Chatard Smith sold statute statute of frauds street sustained testator tion train trial ultra vires verdict void wife
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Página 752 - ... 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 or some other person thereunto by him lawfully authorised.
Página 397 - ... shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.
Página 752 - Char. 2), it was enacted that "no action shall be brought whereby to charge any executor or administrator upon any special promise to answer in damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages of another person...
Página 423 - Comptroller, shall take possession of the books, records, and assets of every description of such association, collect all debts, dues, and claims belonging to such association, and, upon the order of a court of record of competent jurisdiction, may sell or compound all bad or doubtful debts, and, on a like order, sell all the real and personal property of such association, on such terms as the court shall direct...
Página 752 - Every contract for the leasing for a longer period than one year, or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be In writing, and be subscribed by the party by whom the lease or sale is to be made.
Página 39 - ... 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 747 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Página 51 - It is admitted that the rule is difficult of application. But it is generally held, that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, M ' !-«<•. ' '.:>-. . \ and that it ought to have been foreseen in the light of the attending circumstances.
Página 400 - No sum of money due, or to become due, to any pensioner, shall be liable to attachment, levy or seizure, by or under any legal or equitable process whatever, whether the same remains with the Pension Office, or any officer or agent thereof, or is in course of transmission to the pensioner entitled thereto, but shall inure wholly to the benefit of such pensioner.
Página 308 - no such instrument in writing shall be valid except between the parties thereto, and such as have actual notice thereof, until the same shall be deposited with the register of deeds for record": Gen.