American Leading Cases: Being Select Decisions of American Courts, in Several Departments of Law; with Special Reference to Mercantile Law, Volume 1T. & J. W. Johnson & Company, 1871 - Civil procedure |
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Page 75
... authority to the assignee to sell and dispose of the property " upon such terms and conditions as in his judgment may appear best and most to the interest of the parties concerned , " has been held , to authorize a sale on credit , and ...
... authority to the assignee to sell and dispose of the property " upon such terms and conditions as in his judgment may appear best and most to the interest of the parties concerned , " has been held , to authorize a sale on credit , and ...
Page 83
... authority of the * Pennsylvania decisions , Marshall , C. J. , with [ * 73 some doubt and regret , sustained such an assignment in a Penn- sylvania case ; ( 3 ) in South Carolina , however , it has been held that an express reservation ...
... authority of the * Pennsylvania decisions , Marshall , C. J. , with [ * 73 some doubt and regret , sustained such an assignment in a Penn- sylvania case ; ( 3 ) in South Carolina , however , it has been held that an express reservation ...
Page 178
... authority , that a malicious prosecution may subject the guilty participators in it to an action , as for a libel . Hawk . P. C. B. 1 , ch . 28 , § 8. He does not , however , pretend to be countenanced by authority ; and it would be ...
... authority , that a malicious prosecution may subject the guilty participators in it to an action , as for a libel . Hawk . P. C. B. 1 , ch . 28 , § 8. He does not , however , pretend to be countenanced by authority ; and it would be ...
Page 231
... authority it is . Mr. Starkie , in his Treatise on Slander , 408 , 9 , 10 , in commenting on these cases , thinks the rule that any matters short of actual proof are admissible in mitigation , is in- consistent with the rule in ...
... authority it is . Mr. Starkie , in his Treatise on Slander , 408 , 9 , 10 , in commenting on these cases , thinks the rule that any matters short of actual proof are admissible in mitigation , is in- consistent with the rule in ...
Page 279
... authority , in the name of a third person ; and neither actual malice , nor want of probable cause , need be [ * 224 proved ; though want of authority must . ( 10 ) [ Besides the specific action for malicious prosecution , it appears ...
... authority , in the name of a third person ; and neither actual malice , nor want of probable cause , need be [ * 224 proved ; though want of authority must . ( 10 ) [ Besides the specific action for malicious prosecution , it appears ...
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Common terms and phrases
action Adm'r agent Alabama alleged applied assignment assumpsit attorney authority averment Bank Barbour's Barnewall & Cresswell bill of exchange Binney Blackford Buckholts Carrington & Payne Chancery character charge circumstances communication Connecticut contract conveyance court of equity Cowen creditors damages debt debtor decided declaration deed defendant demand Denio endorser equity et ux evidence execution fact firm fraud fraudulent given Hampshire held Hill's N. Y. holder imputation indictable infant instrument intention interest Johnson judgment jury justice liable libel malice malicious prosecution Massachusetts matter McCord Meeson & Welsby ment Metcalf Monroe negotiable notice opinion partner partnership party payable payment perjury person Pickering plaintiff plaintiff in error plea principal probable cause promissory note prosecution prove purchase question rule Sergeant & Rawle slander slander and libel Smedes Smith statute Supreme Court tion trust Vermont Watts & Sergeant Wendell words
Popular passages
Page 874 - And to remove all doubts concerning the meaning of the word " inhabitant," in this Constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office or place within this State, in that town, district or plantation where he dwelleth or hath his home...
Page 431 - ... office of discount and deposit of the! bank of the United States within that state, to*be collected, in case of refusal?
Page 608 - ... interest to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment: Provided that interest shall be payable...
Page 411 - 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.
Page 260 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 710 - That an act done for another, by a person, not assuming to act for himself, but for such other person, though without any precedent authority whatever, becomes the act of the principal, if subsequently ratified by him, is the known and well established rule of law.
Page 190 - Malice in common acceptation means ill will against a person, but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse.
Page 427 - Smith, cashier of the office of discount and deposit of the Bank of the United States at Washington, to be paid in liquidation of a balance due from the said Mechanics...
Page 353 - The rule for casting interest when partial payments have been made is to apply the payment in the first place to the discharge of the interest then due.
Page 735 - Bedford assizes, a verdict was found for the plaintiffs, subject to the opinion of the Court on the following case. The plaintiffs are the parish officers of Toddington, and the defendants are the parish officers of Milton Bryant.