The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 57Abraham Clark Freeman Bancroft-Whitney Company, 1897 - Law reports, digests, etc |
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Results 1-5 of 86
Page 42
... consideration of the sale , are fully and sat- isfactorily established , without conflict in the evidence ; and the price 294 paid was adequate and fair . An attempt was made to show that a benefit was reserved to Mrs. Wyatt , in that ...
... consideration of the sale , are fully and sat- isfactorily established , without conflict in the evidence ; and the price 294 paid was adequate and fair . An attempt was made to show that a benefit was reserved to Mrs. Wyatt , in that ...
Page 46
... consideration and of the consideration of the note , and if a sub- sequent suit is brought in equity to foreclose a mortgage given to secure such note , the validity of its consideration is res judicata , and no other or further ...
... consideration and of the consideration of the note , and if a sub- sequent suit is brought in equity to foreclose a mortgage given to secure such note , the validity of its consideration is res judicata , and no other or further ...
Page 47
... consideration . of a personal loan of $ 10,000 then made by Ellis to the former , in 520 the shape of a check for that sum drawn by Ellis in Hatcher's favor , on Peet & Co. , which it was agreed by Ellis that Peet & Co. would honor and ...
... consideration . of a personal loan of $ 10,000 then made by Ellis to the former , in 520 the shape of a check for that sum drawn by Ellis in Hatcher's favor , on Peet & Co. , which it was agreed by Ellis that Peet & Co. would honor and ...
Page 48
... consideration we have stated . We would reach this conclusion upon the answers to the bill and testimony of Hatcher alone . The defense mainly relied on is that the dealings between Hatcher and Peet & Co. were gambling transactions ...
... consideration we have stated . We would reach this conclusion upon the answers to the bill and testimony of Hatcher alone . The defense mainly relied on is that the dealings between Hatcher and Peet & Co. were gambling transactions ...
Page 49
... consideration of a contract made and to be performed in another state , to wit , in the state of Georgia . There was no local law of Georgia before us altering the principles of Hawley v . Bibb , 69 Ala . 52. Since our former decision ...
... consideration of a contract made and to be performed in another state , to wit , in the state of Georgia . There was no local law of Georgia before us altering the principles of Hawley v . Bibb , 69 Ala . 52. Since our former decision ...
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Common terms and phrases
agent agreement alleged amount appellant appellee assets assignment attorney authority Bank bill cause of action charge choses in action claim common law complaint constitution contract corporation court court of equity creditors damages debt decree deed defendant defendant's demurrer duty entitled equity error estopped evidence execution executor extended note fact fee simple fraud held highway homestead husband indorsement injury insolvent intention interest Iowa judgment jurisdiction jury land law merchant liable lien matter ment mortgage negligence negotiable Negotiable Instruments notice owner paid parties partnership payment person plaintiff plaintiff in error possession principle provision purchaser purpose question R. R. Co railroad reason recover rule secure statute stockholders street subrogated suit sustained testator thereof tion transfer trial trust valid verdict void wife writ
Popular passages
Page 928 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their, contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice. Therefore you have this paramount public...
Page 891 - ... transported into any State or Territory, or remaining therein for use, consumption, sale or storage therein, shall upon arrival in such State or Territory, be subject to the operation and effect of the laws of such State or Territory, enacted in the exercise of its police powers, to the same extent and in the same manner as though such animals or birds had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or...
Page 788 - It is admitted that the rule is difficult of application. 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 821 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 17 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Page 830 - it extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the State.
Page 700 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within twelve months next after inception of the loss.
Page 100 - Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law ; and when that is discerned, it is the duty of the court to follow it.
Page 827 - When the products of the farm or the forest are collected and brought in from the surrounding country to a town or station serving as an entrepot for that particular region, whether on a river or a line of railroad, such products are not yet exports, nor are they in process of exportation, nor is exportation begun until they are committed to the common carrier for transportation out of the state to the state of their destination, or have started on their ultimate passage to that state.
Page 23 - And it is further provided in the policy that "if the interest of the assured in the property be any other than the entire, unconditional and sole ownership of the property for the use and benefit of the assured, or if the building insured stands upon leased ground, it must be so represented to the company, and so expressed in the written part of this policy; otherwise, the policy shall be void.