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 [1760] to the Year 1869, Volume 67John Proffatt, Abraham Clark Freeman A.L. Bancroft, 1885 - Law reports, digests, etc |
From inside the book
Results 1-5 of 74
Page 79
... circumstances legitimately bearing upon the subject to which the instrument relates . It should then surround itself with all the material facts and circumstances which surround the parties at the time , and occupy as nearly as possible ...
... circumstances legitimately bearing upon the subject to which the instrument relates . It should then surround itself with all the material facts and circumstances which surround the parties at the time , and occupy as nearly as possible ...
Page 80
... circumstances under which the contract was made : Bank v . Fordyce , 49 Id . 561. In construing a written instrument , it is proper to look at all the surrounding circumstances , the pre- existing relation between the parties , and then ...
... circumstances under which the contract was made : Bank v . Fordyce , 49 Id . 561. In construing a written instrument , it is proper to look at all the surrounding circumstances , the pre- existing relation between the parties , and then ...
Page 81
... circumstances and upon a view of the whole instrument , is in accordance with the apparent intent of the parties : Springsteen v . Samson , 32 N. Y. 706. But the rule of viewing a contract in the light of surrounding circumstances is a ...
... circumstances and upon a view of the whole instrument , is in accordance with the apparent intent of the parties : Springsteen v . Samson , 32 N. Y. 706. But the rule of viewing a contract in the light of surrounding circumstances is a ...
Page 82
... circumstances are admissible : N. Y. Belting and Packing Co. v . Washington Fire Ins . Co. , 10 Bosw . 433. In de- termining whether a policy was for the joint or undivided interests of the par- ties insured , the policy may be read in ...
... circumstances are admissible : N. Y. Belting and Packing Co. v . Washington Fire Ins . Co. , 10 Bosw . 433. In de- termining whether a policy was for the joint or undivided interests of the par- ties insured , the policy may be read in ...
Page 114
... circumstances of fraud and trust , to entertain a creditors ' suit for the discovery and ap- propriation of the debtor's interest in stocks , choses in action , legacies , and property which could not be reached by the pro- cess of ...
... circumstances of fraud and trust , to entertain a creditors ' suit for the discovery and ap- propriation of the debtor's interest in stocks , choses in action , legacies , and property which could not be reached by the pro- cess of ...
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Common terms and phrases
action affirmed agent agreement alleged appear applied attorney authority Bank Barb Beebout bill bona fide purchaser bond carrier cars cause chancery charitable citing the principal claim common carriers common law consideration conveyance conveyed corporation court of chancery court of equity creditors damages debt debtor decree deed defendant defendant's doctrine dollars duty entitled equity error Estill evidence execution executors fact firm fraud fraudulent grant ground habeas corpus held illegal injury intended interest Jones judge judgment jurisdiction jury justice land liable ment Morris Canal mortgage negligence Ohio St opinion owner pari delicto parol parties partner partnership payment person plaintiff plaintiff in error proceedings purchase money purpose question R. R. Co railroad company reason recover refused rule sheriff Smith statute statute of frauds street suit supra testator tion Travis trust valid vendee vendor void writ
Popular passages
Page 761 - That every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 196 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving then- rights, but when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in.
Page 398 - 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 666 - ... anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another, (a) We will therefore, first, mark out the several kinds of nuisances, and then their respective remedies.
Page 293 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Page 302 - It is a doctrine, therefore, when properly understood and applied, that concludes the truth in order to prevent fraud and falsehood, and imposes silence on a party only when, in conscience and honesty, he should not be allowed to speak.
Page 274 - The measure of damages in such a case is the difference between the contract price and the cost of manufacture.
Page 681 - Whether the party thus misrepresenting a fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial; for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Page 292 - Laws shall be passed, taxing by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise; and also all real and personal property, according to its true value in money...
Page 644 - The homestead of a family not to exceed two hundred acres of land, (not included in a town or city) or any town or city lot or lots, in value not to exceed two thousand dollars, shall not be subject to forced sale...