The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volume 25
Bancroft-Whitney, 1886 - Law reports, digests, etc
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according action admissible admitted alleged amount answer appear applied assignment attachment authority Bank bill bond bound cause charge circumstances cited claim common complainant consideration considered constitution contract conveyance conveyed court covenant creditors damages debt debtor decided decision decree deed defendant demand dollars effect entitled equity error evidence exception execution existence facts fraud fraudulent give given granted ground held hundred instructions intention interest issue Johns judge judgment jury justice land liable Mass matter means ment mill nature necessary notice objection obtained offered officer opinion owner paid parties pass payment person plaintiff plea pleaded possession present principle promise proof proved purchase question reason received record recover referred relation respect rule says settled sold statute sufficient suit sustained taken tion trespass trial true unless void whole
Page 450 - That no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
Page 686 - That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the law of the land.
Page 73 - In its enlarged, and perhaps its literal sense, the term ' bill of credit ' may comprehend any instrument by which a State engages to pay money at a future day ; thus including a certificate given for money borrowed. But the language of the Constitution itself, and the mischief to be prevented, which we know from the history of our country, equally limit the interpretation of the terms. The word
Page 541 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a Court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court...
Page 690 - Offices, which are a right to exercise a public or private employment, and to take the fees and emoluments thereunto belonging, are also incorporeal hereditaments, whether public, as those of magistrates, or private, as of bailiffs, receivers, and the like.
Page 73 - emit bills of credit,' conveys to the mind the idea of issuing paper intended to circulate through the community for its ordinary purposes, as money, which paper is redeemable at a future day. This is the sense in which the terms have been always understood.
Page 704 - A government office is different from a government contract. The latter, from its nature, is necessarily -limited in its duration and specific in its objects. The terms agreed upon define the rights and obligations of both parties, and neither may depart from them without the assent of the other.
Page 41 - If this action could be maintained, every turnpike act, paving act, and navigation act, would give rise to an infinity of actions. If the legislature think it necessary, as they do in many cases, they enable the commissioners to award satisfaction to the individuals who happen to suffer. But if there be no such power the parties are without remedy, provided the commissioners do not exceed their jurisdiction.