A Selection of Leading Cases Upon Commercial Law Decided by the Supreme Court of the United States, Volume 725D. Appleton, 1847 - 500 páginas |
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Página 30
... intended to sue , to recover back the amount erroneously paid , and a notice not to pay over the amount into the treasury . 1. The case put in the first point , is where the collector has received the money in the ordinary and regular ...
... intended to sue , to recover back the amount erroneously paid , and a notice not to pay over the amount into the treasury . 1. The case put in the first point , is where the collector has received the money in the ordinary and regular ...
Página 32
... intended , however , to apply this rule to cases of voluntary payments made by mistake , is evident from what fell from him in Sadler vs. Evans , 4 Bur . 1987. He there said , he kept clear of all payments to third persons , but where ...
... intended , however , to apply this rule to cases of voluntary payments made by mistake , is evident from what fell from him in Sadler vs. Evans , 4 Bur . 1987. He there said , he kept clear of all payments to third persons , but where ...
Página 33
... intended to sue him to recover back the amount erroneously paid , and notice given to him not to pay it over to the treasury . This question must be answered in the affirmative , unless the broad proposition can be maintained , that no ...
... intended to sue him to recover back the amount erroneously paid , and notice given to him not to pay it over to the treasury . This question must be answered in the affirmative , unless the broad proposition can be maintained , that no ...
Página 38
... intended to be secured by the Con- stitution through the instrumentality of the judicial power , state or national . The question , stripped of all formalities , is neither more nor less than this : Whether Congress have a right to take ...
... intended to be secured by the Con- stitution through the instrumentality of the judicial power , state or national . The question , stripped of all formalities , is neither more nor less than this : Whether Congress have a right to take ...
Página 52
... intended to be clothed with the ordinary rights of factors to sell in the exercise of a sound discretion , at such time and in such mode as the usage of trade and his general duty require ; and to reimburse himself for his advances and ...
... intended to be clothed with the ordinary rights of factors to sell in the exercise of a sound discretion , at such time and in such mode as the usage of trade and his general duty require ; and to reimburse himself for his advances and ...
Termos e frases comuns
acceptance acceptor action admitted agent agreement amount apply assignment assumpsit authority averment Bank of Alexandria Bank of Columbia bankrupt bill of exchange Binney Buckholts Chief Justice Circuit Court circumstances common law considered constitution contract corporation court of equity creditors D'Wolf debt debtor decided decision declaration deed defendant delivered the opinion demand of payment discharge discounted dishonor doctrine dollars drawer duty endorser entitled evidence executed fact firm fraud given guarantee held holder insolvent instruction intended interest John judge judgment jury law merchant letter liability Lord Lord Ellenborough Lord Mansfield maker ment non-payment notary paid parties partner partnership payable person Peters plaintiff in error plea present principle promise promissory note protest proved purchase question reason received recover remedy rule statute statute of frauds sufficient suit thereof tion transaction United usage usury valid void Winship
Passagens mais conhecidas
Página 227 - 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 141 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Página 143 - It must dwell in the place of its creation, and cannot migrate to another sovereignty. But although it must live and have its being in that State only, yet it does not by any means follow that its existence there will not be recognized in other places; and its residence in one State creates no insuperable objection to its power of contracting in another.
Página 228 - In the ordinary use of language, it will hardly be contended that the decisions of courts constitute laws. They are, at most, only evidence of what the laws are, and are not of themselves laws.
Página 91 - ... obligation shall be void and of no effect, otherwise to remain in full force and virtue.
Página 420 - The distinction between the obligation of a contract, and the remedy given by the legislature to enforce that obligation, has been taken at the bar, and exists in the nature of things. Without impairing the obligation of the contract, the remedy may certainly be modified, as the wisdom of the nation shall direct.
Página 396 - Mr. Chief Justice MARSHALL delivered the opinion of the Court, and, after stating the case, proceeded as follows: The...
Página 394 - I understand the rule, as now clearly settled, to be, that where the contract grows immediately out of and is connected with an illegal or immoral act, a court of justice will not lend its aid to enforce it.
Página 227 - But, admitting the doctrine to be fully settled in New York, it remains to be considered whether it is obligatory upon this court, if it differs from the principles established in the general commercial law. It is observable that the courts of New York do not found their decisions upon this point upon any local statute, or positive, fixed, or ancient local usage ; but they deduce the doctrine from the general principles of commercial law.
Página 442 - Whatever belongs merely to the remedy may be altered according to the will of the State, provided the alteration does not impair the obligation of the contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the constitution.