The American Law Register, Volume 14; Volume 23D.B. Canfield & Company, 1875 - Electronic journals |
From inside the book
Results 1-5 of 85
Page 20
... contracts known in the law by that name , in what- ever form . The argument , too , that a contract to be a promissory note must contain an express undertaking to pay , and not merely one implied by law , is calculated to imply more ...
... contracts known in the law by that name , in what- ever form . The argument , too , that a contract to be a promissory note must contain an express undertaking to pay , and not merely one implied by law , is calculated to imply more ...
Page 32
... contract , and all the exceptions in it are a part of the contract , no matter whether each or all of them were known to the Louisiana National . Bank or not ; and the plaintiff is bound by this contract , whether it expressly ...
... contract , and all the exceptions in it are a part of the contract , no matter whether each or all of them were known to the Louisiana National . Bank or not ; and the plaintiff is bound by this contract , whether it expressly ...
Page 33
... contract , and if he may make an express con- tract with a shipper of goods , I cannot see why the contract may not be shown by the same evidence which would establish a contract between other parties . I cannot see why a writing ...
... contract , and if he may make an express con- tract with a shipper of goods , I cannot see why the contract may not be shown by the same evidence which would establish a contract between other parties . I cannot see why a writing ...
Page 34
... contract , but in spite of it . The contract , however , does not attempt to exempt , nor could it have exempted , the Express Company from loss occasioned by the neglect of itself or its servants , but when it is sought to charge the ...
... contract , but in spite of it . The contract , however , does not attempt to exempt , nor could it have exempted , the Express Company from loss occasioned by the neglect of itself or its servants , but when it is sought to charge the ...
Page 36
... contract limited his responsibility to that of an ordinary bailee for hire , then it cannot be consistently insisted upon that he shall be held liable as a common carrier who has made no express contract . To admit the contract , and to ...
... contract limited his responsibility to that of an ordinary bailee for hire , then it cannot be consistently insisted upon that he shall be held liable as a common carrier who has made no express contract . To admit the contract , and to ...
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Common terms and phrases
Act of Congress action admiralty adopted agent alleged appear assignment assumpsit authority bankrupt bill bonds carrier cause champerty charge chose in action Circuit Court citizens claim common carrier common law Constitution contract contributory negligence conveyance corporation court of equity creditors damages debt debtor decision declared decree deed defendant delivered demurrer duty election enforce entitled equity estoppel evidence execution express fact Federal court filed firm Fourteenth Amendment fraud good-will ground habeas corpus held highway husband indictment injury judge judgment judicial jurisdiction jury Justice land liable lien Lord ELDON maritime law matter ment mortgage negligence offence opinion owner partner partnership party payment person petition plaintiff possession principle proceedings promissory note purchaser question reason received recover Redf rule says sect servant sold statute suit Supreme Court tion trial trust United valid verdict void
Popular passages
Page 503 - Not only, therefore, can there be no loss of separate and independent autonomy to the States, through their union under the Constitution, but it may be not unreasonably said that the preservation of the States, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National government. The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.
Page 108 - States, to transfer the security and protection of all the civil rights which we have mentioned, from the States to the federal government? And where it is declared that Congress shall have the power to enforce that article, was it intended to bring within the power of Congress the entire domain of civil rights heretofore belonging exclusively to the States?
Page 514 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 133 - It should seem to my way of conceiving such matters that there is a very wide difference, in reason and policy, between the mode of proceeding on the irregular conduct of scattered individuals, or even of bands of men who disturb order within the state, and the civil dissensions which may, from time to time, on great questions, agitate the several communities which compose a great empire. It looks to me to be narrow and pedantic to apply the ordinary ideas of criminal justice to this great public...
Page 573 - ... any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury...
Page 615 - To exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; and by obtaining, issuing, and circulating notes according to the provisions of this title.
Page 599 - One thing, however, is unquestionable ; the Constitution must have referred to a system of law coextensive with, and operating uniformly in, the whole country. It certainly could not have been the intention to place the rules and limits of maritime law under the disposal and regulation of the several States, as that would have defeated the nniformity and consistency at which the Constitution aimed on all subjects of a commercial character affecting the intercourse of the States with each other or...
Page 368 - As this power had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance; we adopt their principles respecting the operation and effect of a pardon, and look into their books for the rules prescribing the manner in which it is to be used by the person who would avail himself of it.
Page 577 - Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered...
Page 223 - ... or abettor in fighting a duel, shall be deprived of the right to hold any office of honor or profit in this State, and shall be punished otherwise in such manner as the Legislature may prescribe.