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 25
... " & c . , " which feoffments , " & c . , " are devised and contrived of malice , fraud , covin , collusion , or guile , to the end , purpose , and intent , to delay , hinder , SEXTON V. WHEATON : SALMON V. BENNETT . 25.
... " & c . , " which feoffments , " & c . , " are devised and contrived of malice , fraud , covin , collusion , or guile , to the end , purpose , and intent , to delay , hinder , SEXTON V. WHEATON : SALMON V. BENNETT . 25.
Page 121
... malice and want of probable cause ; and in regard to this , it rests on very nearly the same ground as an action for malicious prosecution . If what the defendant said or did was in pursuance of a bona fide claim or color of title ...
... malice and want of probable cause ; and in regard to this , it rests on very nearly the same ground as an action for malicious prosecution . If what the defendant said or did was in pursuance of a bona fide claim or color of title ...
Page 126
... malice , they are actionable . " This appears to have been a cross action , arising out of the same dispute , as Lake v . King ( 1 Saund . 120 , 131 ; 1 Siderfin 414 ) ; but in the latter case it was held , that the action could not be ...
... malice , they are actionable . " This appears to have been a cross action , arising out of the same dispute , as Lake v . King ( 1 Saund . 120 , 131 ; 1 Siderfin 414 ) ; but in the latter case it was held , that the action could not be ...
Page 135
... Malice , in an action of this kind , consists in intentionally doing , without justifiable cause , that which is injurious to another ; and every thing injurious to the character of another , is , in this action , taken to be false ...
... Malice , in an action of this kind , consists in intentionally doing , without justifiable cause , that which is injurious to another ; and every thing injurious to the character of another , is , in this action , taken to be false ...
Page 136
... malice ; therefore , if it was an action for assault and battery , or for a malicious prosecution , or for slander , we should say at once , that it could not be maintained . " The action , the court declared , was one sui generis , and ...
... malice ; therefore , if it was an action for assault and battery , or for a malicious prosecution , or for slander , we should say at once , that it could not be maintained . " The action , the court declared , was one sui generis , and ...
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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 common Connecticut contract conveyance court of equity Cowen creditors damages debt debtor decided declaration deed defendant demand Denio endorser equity et ux evidence execution fact fraud fraudulent given Hampshire held Hill's N. Y. holder imputation indictable infant innuendo instrument intention interest Johnson judgment jury liable libel Lord malice malicious prosecution Massachusetts matter McCord Meeson & Welsby ment Metcalf mitigation of damages Monroe negotiable notice opinion partner partnership party payable payment perjury person Pickering plaintiff 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 872 - 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 435 - ... office of discount and deposit of the! bank of the United States within that state, to*be collected, in case of refusal?
Page 616 - ... 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 415 - 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 264 - 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 718 - 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 192 - 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 431 - 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 357 - 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 743 - 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.