The American and English Encyclopedia of Law, Volume 16John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1891 - Law |
From inside the book
Results 1-5 of 73
Page 7
... defendant received a credit of $ 100 , the plaintiff , in his testimony in regard to this item , said : " On this account the defendant has paid , and is to be credited with the following sums of money , " and then mentioned , among ...
... defendant received a credit of $ 100 , the plaintiff , in his testimony in regard to this item , said : " On this account the defendant has paid , and is to be credited with the following sums of money , " and then mentioned , among ...
Page 9
... defendant's di- rection , and that the plaintiff received them without any particular direction or agreement with the defendant and credited them on his account ; that in legal effect they were sold to the plain- tiff , the price of ...
... defendant's di- rection , and that the plaintiff received them without any particular direction or agreement with the defendant and credited them on his account ; that in legal effect they were sold to the plain- tiff , the price of ...
Page 11
... defendant advanced money for the purchase of stock , kept it in his possession , was to charge in- terest on the ... defendant's other deal- ings with the plaintiffs , and that these two last items were the only items within the ...
... defendant advanced money for the purchase of stock , kept it in his possession , was to charge in- terest on the ... defendant's other deal- ings with the plaintiffs , and that these two last items were the only items within the ...
Page 12
... defendant pleaded setoff , and sought to charge the plaintiff for the use and occupation of certain real estate of his testator . It appeared that , from the time that a right of action accrued upon this item for use and occupation ...
... defendant pleaded setoff , and sought to charge the plaintiff for the use and occupation of certain real estate of his testator . It appeared that , from the time that a right of action accrued upon this item for use and occupation ...
Page 16
... defendant can only plead payment and give notice of set - off where there have been mutual dealings between him and the plaintiff , and where , if there is a balance due the defendant , he can have judgment for it against the plaintiff ...
... defendant can only plead payment and give notice of set - off where there have been mutual dealings between him and the plaintiff , and where , if there is a balance due the defendant , he can have judgment for it against the plaintiff ...
Other editions - View all
Common terms and phrases
action affidavit application assessment Assoc Bank Cas Barb beneficiary Blatchf boat Brown by-laws cause certificate Chicago collision common law Conn contract CONTRIBUTORY NEGLIGENCE corporation court damages defendant defendant's duty Encyc evidence fact fault granted ground held Hun N. Y. injury Iowa Jones judgment jury Knights of Honor Legion of Honor liable Lodge ment Minn Moore motion mutual N. J. Eq N. W. Rep N. Y. Supp national bank National Bank act navigable ne exeat negligence notice Ohio St owner party payment person plaintiff river rule sailing vessel schooner ship Smith Stat statute steam Steamboat steamer Supreme Tenn tion Torts trial Union Mut Union Nat United verdict Wall Wend witness York
Popular passages
Page 447 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 279 - ... and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so, that the green light shall not be seen on the port side nor the red light on the starboard side, nor, if practicable, more than two points abaft the beam on their respective sides.
Page 387 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Page 276 - ... so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam...
Page 434 - But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 291 - When both are running free, with the wind on different sides, the vessel which has the wind on the port side shall keep out of the way of the other.
Page 277 - ... such lantern shall be exhibited, in sufficient time to prevent collision, so that the green light shall not be seen on the port side nor the red light on the starboard side.
Page 431 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Page 238 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Page 271 - The genius and character of the whole government seem to be, that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally ; but not to those which are completely within a particular state, which do not affect other states, and with which it is not necessary to interfere for the purpose of executing some of the general powers of the government.