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according action actual agreed agreement allowed already amount appears applied authority bill bond breach brought cause charged circumstances civil claim common compensation consequence consideration considered contract costs court covenant debt decided decision defendant delivered demand difference England English entitled estimate evidence expenses fact fixed fraud give given ground held Hill injury interest judge judgment jury justice land liable limited Lord loss Mass Massachusetts matter measure of damages mesne nature nominal notice opinion original owner paid party payment penalty performance person Pick plaintiff possession present principle profits proper proved purchase question reason received recent recover recovery refused regard result rule rule of damages says seems settled statute suit Supreme Court sustained taken term thing tion tort trespass trial verdict warranty Wend whole wrong York
Page 374 - ... certain time or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow 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...
Page 23 - For all manner of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing, which another challengeth to be his, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double unto his neighbour.
Page 279 - Court erred in charging that the measure of damages was the difference between the contract price and the market price at...
Page 81 - But the question remains, can the plaintiff then, consistently with the authorities, maintain his action, having been at least equally in fault. The answer is that, supposing that fact ascertained by the jury, but to this extent, that he merely indulged the natural instinct of a child in amusing himself with the empty cart and deserted horse, then we think that the defendant cannot be permitted to avail himself of that fact. The most blamable carelessness of his servant having tempted the child,...
Page 566 - If any party shall be entitled to any compensation in respect of any lands, or of any interest therein, which shall have been taken for or injuriously affected by the execution of the works...
Page 91 - We therefore think that as there is fraud, and damage the result of that fraud, not from an act remote and consequential, but one contemplated by the defendant at the time as one of its results, the party guilty of the fraud is responsible to the party injured.
Page 415 - There is one case in which the sum agreed for must always be considered as a penalty, and that is, where the payment of a smaller sum is secured by a larger.
Page 47 - So if a man gives another a cuff on the ear, though it cost him nothing, no not so much as a little diachylon, yet he shall have his action, for it is a personal injury. So a man shall have an action against another for riding over his ground, though it do him no damage; for it is an invasion of his property, and the other has no right to come there.