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 - Law reports, digests, etc |
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Common terms and phrases
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 error estopped estoppel evidence execution extradited fact fraud fraudulent held homestead husband injury instructions intention interest judgment judicial jury land lease liable marriage married ment mortgage municipal corporation negligence owner paid parties passenger payment person plaintiff plaintiff in error possession premises principle purchaser purpose question R. R. Co railroad 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
Popular passages
Page 778 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 173 - 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
Page 62 - 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.
Page 530 - 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...
Page 792 - 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...
Page 756 - ... may elect a successor, who shall have the same powers and be subject to the same liabilities and duties as the agent originally elected.
Page 792 - ... 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.
Page 108 - Sec. 5. The Supreme Court shall, upon the decision of every case, give a statement in writing of each question arising in the record of such case, and the decision of the Court thereon. Sec. 6. The General Assembly shall provide, by law, for the speedy publication of the decisions of the Supreme Court, made under this Constitution ; but no Judge shall be allowed to report such decisions.
Page 434 - ... 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...
Page 778 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he at the most could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.