The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volume 46Bancroft-Whitney, 1884 - Law reports, digests, etc |
Contents
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Common terms and phrases
action admissible affirmed agent agreement alleged Ann Judson appellant appellee apply authority Bank bigamy cause charge Charles McCord Circuit Court circumstances cited claimed common carrier common law confession consideration Constitution contract corporation counsel court of equity damages death debt deceased decision declaration deed defendant defendant's delivered delivery demurrer doctrine duty entitled error evidence execution fact Georges river Greenl ground held husband injury intention interest jury justice land larceny liable marriage Mass negligence Ohio Ohio River opinion owner paid parties payment Penn person plaintiff in error presumption principle prisoner promise proof proved purchaser purpose question railroad company reason received recover refused river rule says Smith sold statute of frauds sufficient supra sustained telegraph company tenant testator tion trial valid void Wend West Virginia wife witness
Popular passages
Page 536 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 740 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 808 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Page 644 - We think it is a settled principle, growing out of the nature of well-ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 340 - A contract of Insurance Is an agreement by which one party, for a consideration, (which is usually paid in money, either in one sum, or at different times during the continuance of the risk,) promises to make a certain payment of money upon destruction or injury of something in which the other party has an interest.
Page 196 - It may be stated generally, however, to be such an interest, arising from the relations of the party obtaining the insurance, either as creditor of or surety for the assured or from the ties of blood or marriage to him, as will justify a reasonable expectation of advantage or benefit from the continuance of his life.
Page 79 - ... no devise in writing of lands, tenements or hereditaments, or any clause thereof, shall be revocable, otherwise than by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing or obliterating the same by the testator himself, or in his presence, and by his directions and consent...
Page 80 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Page 626 - This act shall be so interpreted and construed as to effect its general purpose to make uniform the law of those States which enact it.
Page 740 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...