Atlantic Reporter, Volume 67West Publishing Company, 1908 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 32
... payment made by him as executor . The distribution of those payments among the various legatees is a matter of subsequent ar- rangement between him and them when he comes to pay the legacies . In stating his ac- count it would be better ...
... payment made by him as executor . The distribution of those payments among the various legatees is a matter of subsequent ar- rangement between him and them when he comes to pay the legacies . In stating his ac- count it would be better ...
Page 46
... payment , as he had the right to expect , is at once put to his election whether he will waive the condi- tion as to payment and allow the delivery to become absolute , or retake property , and that he is to allow no unnecessary delay ...
... payment , as he had the right to expect , is at once put to his election whether he will waive the condi- tion as to payment and allow the delivery to become absolute , or retake property , and that he is to allow no unnecessary delay ...
Page 47
... payment , and repeated the de- mand both personally and by letter time and time again , with no better result than to get a note from the defendant , which he accepted conditionally , but which he returned because he was unable to get ...
... payment , and repeated the de- mand both personally and by letter time and time again , with no better result than to get a note from the defendant , which he accepted conditionally , but which he returned because he was unable to get ...
Page 63
... PAYMENT . In an action to recover a deposit , proof that the money was deposited with the bank and payment thereof demanded constitutes a prima facie case , and the burden of proving payment to or for the use of the depositor is on the ...
... PAYMENT . In an action to recover a deposit , proof that the money was deposited with the bank and payment thereof demanded constitutes a prima facie case , and the burden of proving payment to or for the use of the depositor is on the ...
Page 65
... payment of the note in suit , by evi- dence of subsequent payments and expend- itures of money by the defendants to the plaintiff and for her account , the defendants were allowed to put in testimony as to cer- tain payments of cash to ...
... payment of the note in suit , by evi- dence of subsequent payments and expend- itures of money by the defendants to the plaintiff and for her account , the defendants were allowed to put in testimony as to cer- tain payments of cash to ...
Other editions - View all
Common terms and phrases
accident action affirmed alleged amount appeal appellee assessment attorney authority Baltimore City bill cause Cent certificate charge claim complainant contract corporation counsel Court of Chancery court of equity Court of Rhode damages deceased decree deed defendant defendant's demurrer dence duty entitled equity error evidence exceptions fact fendant filed granted held injury Jersey Jersey City judge judgment jury land Lewiston liable lien ment mortgage municipal N. J. Ch N. J. Eq N. J. Err N. J. Law N. J. Sup negligence nonsuit Note.-For overruled owner paid parties payment person plaintiff plaintiff in error plea primary election purpose question railroad company reason recover refused remanded Rhode Island rule semaphore statute street suit superior court Supreme Court sustained taxation testator testimony thereof tiff tion trial trust verdict witness writ
Popular passages
Page 66 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to, whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 146 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 7 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 65 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 313 - ... transported into any State or Territory, or remaining therein for use, consumption, sale or storage therein, shall upon arrival in such State or Territory, be subject to the operation and effect of the laws of such State or Territory, enacted in the exercise of its police powers, to the same extent and in the same manner as though such animals or birds had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or...
Page 422 - By a valid tender of payment made by a prior party; 5. By a release of the principal debtor, unless the holder's right of recourse against the party secondarily liable is expressly reserved ; 6. By any agreement binding upon the holder to extend the time of payment, or to postpone the holder's right to enforce the instrument, unless made with the assent of the party secondarily liable, or unless the right of recourse against such party is expressly reserved.
Page 145 - ... signed and sworn to by said insured, stating the knowledge and belief of the insured as to the time and origin of the fire; the interest of the insured and of all others in the property...
Page 81 - ... shall have the force and effect of leases or estates at will only, and shall not either in law or equity be deemed or taken to have any other or greater force or effect; any consideration for making any such parol leases or estates, or any former law or usage, to the contrary notwithstanding. II. Except nevertheless all leases not exceeding the term of three years from the making thereof, whereupon the rent reserved to the landlord, during such term, shall amount unto two third parts at the least...
Page 80 - A person placing his signature upon an instrument otherwise than as maker, drawer or acceptor, is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity.
Page 156 - Before making the order, the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least one hundred dollars.